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| | == Impeachment == | | == Impeachment == |
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| − | A rarely used example of "checks and balances" by one (or two) branches of government against the third is the power of impeachment. Congress may impeach and remove from offices high-ranking officials in the Executive Branch and the Judiciary. | + | A rarely used example of "checks and balances" by one (or two) branches of government against the third is the power of impeachment. Congress may impeach and remove from office high-ranking officials in the Executive Branch and the Judiciary. |
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| | Article II, Section 4 of the Constitution states that: | | Article II, Section 4 of the Constitution states that: |
| | {{cquote|The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.}} | | {{cquote|The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.}} |
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| − | The concept of "impeachment" is based, like much of American law, in an English tradition dating back to hundreds of years before the Constitution. In the 1300s the Parliament in England had the power of impeachment against misbehaving ministers of the King from office. "Impeachment" is the removal from public office of someone who has engaged in misconduct. Alexander Hamilton explained in Federalist No. 65 that impeachment is the remedy for the "misconduct of public men, or in other words from the abuse or violation of some public trust.” | + | The concept of "impeachment" is based, like much of American law, on an English tradition dating back to hundreds of years before the Constitution. In the 1300s the Parliament in England had the power of impeachment against misbehaving ministers of the King. "Impeachment" is the removal from public office of someone who has engaged in misconduct. Alexander Hamilton explained in ''Federalist No. 65'' that impeachment is the remedy for the "misconduct of public men, or in other words from the abuse or violation of some public trust.” |
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| − | The Constitution gives the power of impeachment to the House of Representatives, and the power to act on that impeachment by actually removing a public official from his position to the Senate. '''''Contrary to what most people think, "impeachment" itself does not remove the person from public office'''''. Impeachment is like "indicting" someone, or filing charges against him. The Senate must then decide whether to remove him from his public position. | + | The Constitution gives the power of impeachment to the House of Representatives, and power to the Senate to act on that impeachment by removing a public official from his position. '''''Contrary to what most people think, "impeachment" itself does not remove the person from public office'''''. Impeachment is like "indicting" someone, or filing charges against him. The Senate must then decide whether to remove him from his public position. |
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| | Only a majority vote in the House is required to impeach a public official. A two-thirds vote in the Senate is required in order to actually remove him from office. | | Only a majority vote in the House is required to impeach a public official. A two-thirds vote in the Senate is required in order to actually remove him from office. |
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| | But the likelihood of impeachment did cause President Richard Nixon to resign first. And the impeachment of Presidents Johnson and Clinton did weaken their credibility and make it difficult for them to continue to exercise power. | | But the likelihood of impeachment did cause President Richard Nixon to resign first. And the impeachment of Presidents Johnson and Clinton did weaken their credibility and make it difficult for them to continue to exercise power. |
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| − | There have been a total of 20 impeachments by the House, 15 of whom were federal judges. Eight of those impeached federal judges were then removed from office by a vote of at least two-thirds of the Senate. A Senator himself was once impeached by the House in 1797, and then expelled by the Senate. Ironically, that impeached Senator (William Blount) was an original signer of the Constitution! | + | But other officials have been impeached and removed from office by Congress. There have been a total of 20 impeachments by the House, 15 of whom were federal judges. Eight of those impeached federal judges were then removed from office by a vote of at least two-thirds of the Senate. A Senator himself was once impeached by the House in 1797, and then expelled by the Senate. Ironically, that impeached Senator (William Blount) was an original signer of the Constitution! |
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| | Notice that the president has no role in the impeachment power. This is another example of authority given only to the legislative branch. The Chief Justice of the United States, however, does preside over the removal proceeding in the Senate once an impeachment is ordered by the House, if the officer impeached is the President. In all other cases, the Vice-President (as President of the Senate) presides over the trial. | | Notice that the president has no role in the impeachment power. This is another example of authority given only to the legislative branch. The Chief Justice of the United States, however, does preside over the removal proceeding in the Senate once an impeachment is ordered by the House, if the officer impeached is the President. In all other cases, the Vice-President (as President of the Senate) presides over the trial. |
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| − | What is the source of the phrase "high Crimes and Misdemeanors" come? George Mason, a delegate from Virginia to the Constitutional Convention, suggested it. In English law it mean crimes against government that were committed by public officials. | + | What is the source of the phrase "high Crimes and Misdemeanors"? George Mason, a delegate from Virginia to the Constitutional Convention, suggested it. In English law it mean crimes against government that were committed by public officials. |
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| − | Many States have used impeachment proceedings under their State constitutions in order to remove high-ranking government officials.<ref>http://ncpedia.org/impeachment</ref> In 2009, the Illinois House of Representatives impeached, and the Illinois Senate unanimously removed from office, former [[Governor of Illinois]] [[Rod Blagojevich]] on corruption charges. | + | Many States have used impeachment proceedings under their own State constitutions in order to remove high-ranking government officials.<ref>http://ncpedia.org/impeachment</ref> In 2009, the Illinois House of Representatives impeached, and the Illinois Senate unanimously removed from office, the [[Governor of Illinois]] [[Rod Blagojevich]] on corruption charges. |
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| | == Habeas Corpus == | | == Habeas Corpus == |