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Impeachment and removal (view source)
Revision as of 16:37, February 23, 2007
, 16:37, February 23, 2007added 19th century cases (moved from Jury trial article)
The removal from office, and disqualification from holding any office of honor, trust or profit under the United States.
The removal from office, and disqualification from holding any office of honor, trust or profit under the United States. Technically "impeachment" refers to bringing charges up against a high official, and then "conviction" refers to removal from office.
[[The United States House of Representatives|The House of Representatives]] has "sole power of impeachment." The House has to vote on articles of impeachment. If they pass, the President "has been impeached" but is not yet removed from office. The case is sent to the [[The United States Senate|Senate]] for trial. If the Senate votes by a two-thirds majority to convict, then the person will be removed from office.
[[The United States House of Representatives|The House of Representatives]] has "sole power of impeachment." The House has to vote on articles of impeachment. If they pass, the President "has been impeached" but is not yet removed from office. The case is sent to the [[The United States Senate|Senate]] for trial. If the Senate votes by a two-thirds majority to convict, then the person will be removed from office.
In impeachment cases against the [[President of the United States|President]], the Chief Justice of the [[Supreme Court of the United States|Supreme Court]] shall preside.
In impeachment cases against the [[President of the United States|President]], the Chief Justice of the [[Supreme Court of the United States|Supreme Court]] shall preside.
==Impeachment in 19th Century America==
By 1804, Jeffersonian [[Democratic-Republicans]] had control of [[Congress]] and set their sights on removing Federalist Supreme Court Justice Samuel Chase. The House of Representatives impeached him, and trial began with the Senate as the jury. His prosecutor was [[John Randolph]], a partisan Jeffersonian who was distantly related to the Federalist Chief Justice [[John Marshall]]. 25 out of 34 Senators were Jeffersonians, so conviction and removal of the Federalist Chase for his political biases seemed likely.
But the effort failed. During the trial Randolph himself criticized Jefferson over a separate issue, the infamous [[Yazoo land fraud]] in [[Georgia]], an issue that split Jeffersonians. Meanwhile, the case against Chase amounted to little more than some intemperate remarks he made while sitting as trial judge in a grand jury proceeding. The Senators were unimpressed, and at most 19/34 voted to convict on any of the charges, far short of the requisite 2/3rd.
The independence of the judiciary was established by this failed effort to remove a Supreme Court justice. However, the episode did encourage future justices not to engage directly in politics. No effort to impeach a Supreme Court justice has since made any progress.
After the [[Civil War]], President Andrew Johnson became the enemy of Radical Republicans who controlled Congress. President Johnson vetoed their legislation and even called their leaders "traitors". Flush from winning the war, the likes of Republican Senators Thaddeus Stevens (PA) and Charles Sumner (MA) were not about to back down. Sumner, after all, was the fellow who once delivered an unconscionably disrespectful speech against elderly South Carolina Senator Andrew Butler, whereupon his outraged nephew Preston Brooks beat Sumner senseless with a cane.
When the House of Representatives impeached President Johnson by an overwhelming vote of 126 to 47, his ouster appeared to be a fait accompli. President Johnson had violated the Tenure in Office Act by dismissing his Secretary of War, and he had been intemperate in his name-calling of key senators. In addressing the jury of 54 senators, the prosecutor referred to President Johnson as an "accidental Chief" and "the elect of an assassin." Witnesses testified for both the prosecution and the defense.
The prosecutors – called “managers” in impeachment trials – were confident of victory. Manager Thaddeus Stevens described President Johnson as the "wretched man, standing at bay, surrounded by a cordon of living men, each with the axe of an executioner uplifted for his just punishment." Manager John Bingham brought the public galleries to their feet with his oratory: "May God forbid that the future historian shall record of this day's proceedings, that by reason of the failure of the legislative power of the people to triumph over the usurpations of an apostate President, the fabric of American empire fell and perished from the earth."
2/3rd vote was necessary for conviction, and it all turned on Senator [[Edmund Ross]] of Kansas. Like real jurors, he spoke to no one during the proceedings and no one knew which was he was leaning. But he voted "not guilty," and President Johnson was acquitted by one vote. The Radical Republicans were defeated, and never again enjoyed their unprecedented power.
==Impeachment in recent history==
==Impeachment in recent history==
In 1974, no impeachment proceedings had occurred since the Johnson trial over a hundred years earlier (discussed in Kennedy's book ''Profiles in Courage''). Most Americans thought of impeachment as something quaint and bizarre in the history books.
In 1974, no impeachment proceedings had occurred since the Johnson trial over a hundred years earlier). Most Americans thought of impeachment as something quaint and bizarre in the history books.
In the House of Representatives decided to begin impeachment proceedings against [[Richard M. Nixon]], on charges of perjury and obstruction of justice in connection with the Watergate affair. At the time, congressmen and their staffs were unfamiliar with the law and precedings involved with impeachment, and needed to research the question.
In the House of Representatives decided to begin impeachment proceedings against [[Richard M. Nixon]], on charges of perjury and obstruction of justice in connection with the Watergate affair. At the time, congressmen and their staffs were unfamiliar with the law and precedings involved with impeachment, and needed to research the question.