Sunday, December 22, 2019

IMPEACHMENT PER THE CONSTITUTION OF THE US

 IMPEACHMENT

The Senate rules will follow in the next post.

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The Senate has a special set of rules, 26 in number, which define its proceedings when sitting as a court for impeachment trials, set forth below.

The sole power of impeachment is conferred on the House of Representatives , and even if the Senate in an impeachment trial should find the person not guilty, that does not alter the fact that the person had been impeached by the House, as was the case with President Andrew Johnson.

Once the House of Representatives has voted to impeach an officer of the Government, the Senate is informed of that fact by a message from the House of Representatives, announcing tothe Senate that a committee has been appointed by that body to go to the bar of the Senate "and in the name of the House of Representatives and of all the people of the United States, to impeach .. ." that person and "to acquaint the Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him" for the Senate's consideration in the determination of whether or not such official is guilty.

At a later date, the Senate is informed that managers on the part of the House of Representatives have been named "to conduct the impeachment against" such official and that the managers are directed to carry to the Senate the articles agreed upon by the House.

It requires a two-thirds affirmative vote of the Senators present in the adoption of at least one of the articles of impeachment submitted to the Senate by the House to find a person guilty of "treason, bribery, or other high crimes and misdemeanors."

The Constitution provides that "the Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation."

Constitution, Article I, Sections 2 and 3 [Impeachment Trial by Senate]

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.


Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.

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