Impeachment

question of the day

• other than Bill Clinton, who is the onlyother U.S. president to be impeached?

• after the Civil War, but before 1900.

• Andrew Johnson

objective

• describe and explain the groundsfor impeachment and the varioussteps it must go through to reachthat point.

• “The President, Vice President andall civil Officers of the UnitedStates, shall be removed fromOffice on Impeachment for, andConviction of, Treason, Bribery, orother high Crimes andMisdemeanors.”–Article II, Section 4 of the

Constitution

what is impeachment?

• a process, authorized by theConstitution, to bring chargesagainst certain officials of thefederal government formisconduct while in office.

who are these officials?

• federal judges• cabinet members• NOT Senators &

Representatives• vice president• president

who brings the charges ofimpeachment?• “the House of

Representatives…shall have the solepower ofimpeachment.”–Article 1, Section 2

of the Constitution

what is the Senate’s roleunder the Constitution?• once impeached, high officials

are tried by the Senate.• if the President is being tried,

then the Chief Justice shallpreside over the trial.

• requires a 2/3 vote to convict.

what is the punishment ifconvicted?• the President may grant

reprieves and pardonsEXCEPT in cases ofimpeachment.

• removal from office.

what is the history ofimpeachment in theUnited States?• 18 officials have been impeached.• two presidents, one cabinet

member, one senator and 13judges.

• only seven of these officials wereconvicted by the Senate.

how does theimpeachment processreflect the roles of checksand balances in oursystem?• a check by the legislative

branch on the executive andjudicial branches.

The ImpeachmentProcess of Bill Clinton

Stage 1: Resolution

• A resolution,known as aninquiry ofimpeachment, isreferred to theJudiciaryCommittee.

• September 9,1998

• Congress sets upsteps forconsideringLewinsky matter.

Stage 2: Committee Vote

• After consideringevidence, theJudiciaryCommittee voteson a resolution ofinquiry statingwhether there isenough evidencefor impeachment.

• October 5, 1998• Judiciary Panel,

in party vote,urgesimpeachmenthearings.

Stage 3: House Vote

• In this case, the fullHouse would votewhether to approvea JudiciaryCommittee decisionto proceed to a full-blown impeachmenthearing.

• October 8, 1998• House, in a partisan

258-176 vote,approves a broad,open-endedimpeachmentinquiry.

Stage 4: Hearing

• The JudiciaryCommittee holdshearings into theaccusations,possibly broadeningthe inquiry intoother subjects.

• November 9 & 19,1998

• December 1, 8-10,1998

• Rancorous Housepanel hears Starr’scase forimpeachment.

Stage 5: Report

• The committee voteson one or more billsof impeachment andissues a report to theHouse, setting fortharticles ofimpeachment.

• December 11-12,1998.

• Panel, on partylines, votesimpeachment;Clinton voicesremorse, invitescensure.

Stage 6: House Vote

• The House voteson the bill ofimpeachment. Asimple majoritydecides whetherto bring the casebefore the Senate.

• December 19,1998

• President isimpeached andfaces Senate trial

Stage 7: Senate Trial

• In a trial conducted onthe Senate floor, theHouse JudiciaryCommittee brings thecase against thePresident who isdefended by his ownlawyers. The Senate actsas the jury and the ChiefJustice presides overthe trial.

• January 7, 1999• Impeachment trials

opens, but talks onprocess go on;witnesses are mainissue.

Stage 8: Senate Vote

• The Senate votes oneach article ofimpeachment. If atwo-thirds majoritysupportsimpeachment, thePresident isremoved from office.

• February 12, 1999• Clinton is acquitted

decisively by Senateon both charges.

other presidents

• 1843 John Tyler• charged with

corruption andmisconduct.

• followed processuntil Stage 3 whenthe House rejectedthe charges.

• 1868 AndrewJohnson

• charged with seriousmisconduct.

• followed processuntil Stage 8 wherehe was acquitted bya margin of onevote.

what about Nixon?

• 1974• charged with

obstruction andabuse of power.

• followed processuntil stage 6 becausehe resigned beforethe House voted onarticles ofimpeachment.