Impeachment in the United States is the mentioned legislative force allowing formal allegations to be filed against government civilian officials for alleged crimes committed. Most impeachments are related to alleged crimes committed in power, although there have been cases where Congress has indicted and punished partial officials for past crimes. The actual trial of such allegations, and the lifting of an official of the faith, is separate from the act of impeachment itself. The impeachment process has started with several presidents of the United States. Andrew Johnson and Bill Clinton were the two presidents who were successfully dismissed by the House of Representatives, and both were later released by the Senate. The impeachment process against Richard Nixon was never completed, as Nixon resigned from his post before the House's full vote for impeachment, but such a vote was widely expected to pass, and the threat and subsequent conviction in the Senate was a boost for Nixon's departure. To date, no president has been removed from office by impeachment and conviction. Dismissed officials keep at the office until confidence.
An impeachment analogous to indictment in the ordinary court proceedings; Courts by other homes are analogous to courts before judges and judges in ordinary courts. Generally, the lower house of legislative bodies claim that high-ranking officials and assemblies hold trials.
At the federal level, Article Two of the United States Constitution states in Section 4 that "the President, Vice President, and all US Civil Officials shall be excluded from the Office of Impeachment for, and Confidence, Betrayal, Bribery, or Other High Crimes and Crime." has the only impeaching power, while the United States Senate has the sole power to try all impeachment. Abolition of auto-dismissed officials over confidence in the Senate. In Nixon v. United States (1993), the Supreme Court ruled that federal courts could not review the process.
Impeachment can also occur at the state level: the state legislature can indict state officials, including the governor, in accordance with their respective country's constitution.
At the Philadelphia Convention, Benjamin Franklin notes that, historically, the dismissal of "annoying" chief executives has been settled with murder. Franklin suggested that the process mechanism for legal abolition - impeachment - would be better.
Video Impeachment in the United States
Impeachment Federal
House of Representatives
Impeachment processes can be initiated by members of the House of Representatives on their own initiative, either by presenting a list of indictments under oath or by requesting a reference to the appropriate committee. Impeachment process can be started by non-members. For example, when the United States Judicial Conference suggests a federal judge is dismissed, the alleged actions that constitute grounds for impeachment may come from a special state, territory or territorial attorney, president, or legislature, grand jury, or by petition.
The type of impeachment resolution specifies the committee to which it refers. A resolution inciting a particular individual is usually referred to the House Committee on the Judiciary. The resolution to authorize an investigation of impenetrable behavior was referred to the House Committee on Rules, and then to the Judiciary Committee. The Judicial Committee Committee, with a majority vote, will determine whether there is a reason for impeachment. If the Committee finds grounds for impeachment, the Committee shall establish a specific alleged offense in one or more impeachment articles. Impeachment Resolutions, or Impeachment Articles, are then reported to the House complete with the recommendation of the committee.
The House of Representatives debates the resolution and may at the conclusion consider the overall resolution or vote on each individual impeachment article. Most of those present and voting are required for each article for the overall resolution to pass. If the House of Representatives chooses to indict, the manager (usually referred to as the "House manager", with the "House manager") is chosen to file the case to the Senate. Recently, managers have been chosen by resolution, whilst historically the DPR will occasionally elect managers or issue resolutions that allow the appointment of managers at the discretion of the Chairman of the United States House of Representatives. These managers are roughly equivalent to district attorneys in standard criminal proceedings.
Also, the Parliament will adopt a resolution to notify the Senate of its action. Upon receiving notice, the Senate will receive an order to notify House that it is ready to accept the manager. The House's managers then appeared in front of the Senate bar and exhibited impeachment articles. After the indictment readings, the managers returned and made an oral report to the House.
Senate
The proceedings take place in the form of a hearing, with each party having the right to summon witnesses and cross-examination. Members of the People's Legislative Assembly, who were granted the title of collective managers during the trial, filed a prosecution case, and the dismissed officer had the right to file a defense with his own lawyer as well. The senator must also take an oath or affirmation that they will do their duties honestly and with due diligence. After hearing the charges, the Senate usually negotiates privately. The Constitution requires two-thirds of the super majority to punish someone who is dismissed.
The Senate enters the court on its verdict, whether it is to punish or release, and a copy of the decision is filed with the Secretary of State. After confidence in the Senate, officials are automatically removed from office and may also be banned from holding future offices. The deleted official is also liable for criminal charges. The President can not grant pardons in the case of impeachment, but it may be in a criminal case that occurs.
Beginning in 1980 with Harry E. Claiborne, the Senate began using the "Impeachment Court Committee" in accordance with the Senate Rule XI. These committees lead the trial verification phase, listen to the evidence and monitor the examination and cross-examination of witnesses. The committees then drew up a record of proof and submitted it to the Senate; all senators will then have the opportunity to review the evidence before the room provides a vote to punish or release. The purpose of the committee is to streamline the trial of impeachment, which otherwise would take much time booth. The defendants challenged the use of these committees, claiming they were a violation of their fair trial rights as well as the constitutional mandate of the Senate, as a body, to have "a single power to try all impeachments." Some judges impeached the court intervention in their impeachment process on these grounds, but the court refused to be involved because the impeachment and transfer of power of the Constitution only to the legislative branch made it a political issue.
History
In the UK, impeachment is a procedure in which a member of the House of Representatives may accuse someone of committing a crime. If the Commons chooses impeachment, the trial will be held at the House of Lords. Unlike the bill of attainder, a law stating that a person is guilty of a crime, impeachments do not require royal consent, so they can be used to get rid of troubled Officers from the Crown even if the king is trying to protect them.
The king, however, is above the law and can not be dismissed, or indeed judged guilty of any crime. When King Charles I was tried before the Rump Parliament of the New Model Army in 1649 he denied that they had any right to legally accuse him, their king, whose power was granted by God and the law of the state, said: "no worldly power can fairly call I am (who is your King) in question as a mischievous person... no educated lawyer will affirm that impeachment can lie against the King. "While the House of Commons declared him guilty and ordered his execution, jurisdictional matters contaminated the proceedings.
With this example, delegates to the Philadelphia Convention choose to include impeachment procedures in Article II, Section 4 of the Constitution applicable to any government official; they explicitly mention the President to ensure there will be no ambiguity. Opinions differ, however, on the reasons Congress should be able to start an impeachment. The initial draft only contained betrayal and bribery, but George Mason preferred impeachment for "maladministration" (incompetence). James Madison argues that impeachment should only be for criminal behavior, arguing that maladministration standards would effectively mean that the President would serve the Senate with pleasure. Thus, the delegates adopted a compromise version that allowed the impeachment to "betrayal, bribery and other high crimes and minor crimes."
The exact meaning of the phrase "high crime and minor crime" is somewhat ambiguous; some scholars, such as Kevin Gutzman, argue that it can include even the abuse of non-criminal powers. Regardless of its theoretical scope, however, Congress has traditionally considered impeachment as a force to be used only in extreme cases. The House has actually started the impeachment process 62 times since 1789. Two cases have not come to court because people have left the office.
The actual impeachments of 19 federal officers have taken place. Of these, 15 are federal judges: thirteen district court judges, one appellate court (which also sits in the Commercial Court), and one High Court Judge. Of the other four, two are Presidents, one is Cabinet secretary, and one is US Senator. Of the 19 rigged officials, eight were sentenced. One, former judge Alcee Hastings, was elected a member of the United States House of Representatives after his removal from office.
1797 impeachment of Senator William Blount of Tennessee stalled on the grounds that the Senate has no jurisdiction over it. No other congressman has ever been dismissed. The Constitution does authorize the Senate and the People's Legislative Assembly, so that every body can expel its own members. ( see List of US senators issued or denounced and United States Representative List issued, criticized or reprimanded ). Expulsion removes individuals from functioning as representatives or senators because of their misbehavior, but unlike impeachment, expulsion can not result in someone blocking from holding positions in the future.
Federal officials are enforced
Request for impeachment
While the actual impeachment of federal public officials is a rare event, the demands for impeachment, especially the president, are common, returning to George Washington administration in the mid-1790s. In fact, most of the 63 resolutions mentioned above are responses to the president's actions.
While almost all of them are largely reckless and buried as soon as they are introduced, some do have the desired effect. Finance Minister Andrew Mellon and Supreme Court Justice Abe Fortas both resigned in response to the threat of impeachment prosecution, and, most famously, President Richard Nixon resigned from his post after the Justice Committee of the House of Representatives has reported impeachment articles to the floor.
Maps Impeachment in the United States
Impeachment in the state
The state legislature may prosecute state officials, including the governor. Courts for impeachments trials may be somewhat different from the federal model - in New York, for example, the Assembly (lower chamber) impeaches, and the State Senate tried the case, but members of the seven judges of the New York State Court of Appeals with the senators as a jury as well. Impeachment and the removal of the governor has occurred occasionally throughout the history of the United States, usually for corruption allegations. As many as at least eleven US state governors face impeachment trials; The Twelve, Governor Lee Cruce of Oklahoma, escaped impeachment conviction by a single vote in 1912. Some others, recently Alabama's Robert J. Bentley, have resigned rather than face impeachment, when events seem to make it inevitable. The latest impeachment of the state governor occurred on January 14, 2009, when the Illinois Representative Council voted 117-1 to indict Rod Blagojevich for alleged corruption; he was later removed from office and banned from holding the future office by the Illinois Senate on January 29. He is the eighth US state governor to be expelled from the office.
Procedures for impeachment, or dismissal, of local officials vary widely. For example, in New York a mayor was transferred directly by the governor "after being heard" on charges - the law does not specify any further allegations of what is required or what the governor should seek to get rid of a mayor.
State and territory officials enacted
See also
- Criticism in the United States
- Attempts to indict George W. Bush
- Investigation of impeachment of United States federal officials
- Investigation of US federal judge impeachment
- Jefferson's Manual
- List of federal political scandals in the United States
- Remember selection
Note
References
Further reading
- Berger, Raoul (1999). Impeachment: Constitution Problem . Harvard University Press. ISBN: 9780674444782.
- Black, Charles L. (1998). Impeachment: A Handbook . Yale Press University. ISBN: 9780300079500.
- Sunstein, Cass R. (2017). Impeachment: A Citizen's Guide . Harvard University Press. ISBN: 9780674983793.
External links
- Impeachment Process Overview
Source of the article : Wikipedia
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