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Impeachment
:
The
word impeach simply means charge (an official) with an offence
whilst in public office. The Constitution actually says nothing
specific about under what circumstances anyone can be impeached. It simply
defines the final process - that of the trial and penalties.
Article 3, section 2.3 of the Constitution lays down that all crimes shall be tried by jury, except in cases of impeachment and Article 1, section 3.6 provides that only the Senate may try an impeachment. They must be under oath (or affirmation) to do so, and to be found guilty under this process there must be a vote of two-thirds of the Senate. In the event of the President being tried, 3.6 requires that the house be presided over by the Chief Justice, to avoid the conflict of having the Vice President, who would normally preside. Should the trial be successful, section 3.7 defines the maximum penalties that the Senate can impose. These are removal from office and disqualification from holding any official office, although this doesn't preclude a criminal trial. Article 2, section 4, requires that the President, Vice President, and all civil officers, must be removed from office if they are impeached, and then convicted of, "treason, bribery, or other high crimes and misdemeanors". So what does all this mean in reality. Well, impeachment is simply the process by which the individual can be charged with an offence - they are innocent until proven guilty. And it also doesn't mean that they will be removed from office. It simply means that they will face a formal trial in the Senate. Impeachment proceedings can be brought for any offence - there is no requirement in the Constitution that it can only be for "treason, bribery, or other high crimes and misdemeanors"; these are merely the circumstances under which removal from office is obligatory - although, because the process is so cumbersome and time-consuming, it is rarely used and is limited to "treason, bribery, or other high crimes and misdemeanors". States also have impeachment processes built into their local constitutions, and these too provide for removal from office in the event of a successful impeachment. The only exception is Oregon. There
have been numerous examples of the impeachment process - for details see
Who Has Been Impeached. |
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