1.
MEANINGS OF IMPEACH
According
to Black's Law Dictionary
To
impeach means, "To charge with a crime or misconduct; especially to
formally charge (a public official) with a violation of the public trust."
"Impeaching
a federal official, such as the President, the Vice President, or a Judge,
requires that a majority of the U. S. House of Representatives vote to return
at least one article of impeachment to the U.S. Senate, itemizing the charges
and explaining their factual grounds. Even if an official is impeached, removal
from office does not occur unless two-third of the Senators votes for
conviction."
2.
IMPEACHABLE OFFENCE
According
to Black's Law Dictionary
Impeachable
offence means, "an offence for which a public , official may legally be
impeached, during the first step in a 'two-step process that may, depending on
the vote in the U. S. Senate, lead to the official's removal from office."
The
U.S. Constitution states that 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 Misdemeanours'.
The meaning of this language was much debated during the impeachment and trial
of President Bill Clinton, against whom two articles of impeachment were
returned by the House of Representatives. The question arose what type of misdemeanor
will suffice, and whether the high in high crimes modifies misdemeanors as
well. No definitive answer resulted from the proceedings."
3.
IMPEACHMENT
According
to Black's Law Dictionary
"Impeachment
is the act (by a legislature) of calling for the removal from office of a
public official, accomplished - by presenting a written charge of the
official's alleged misconduct; especially the initiation of a proceeding in the
U.S. House of Representatives against a federal official, such as President or
a Judge."
"Congress's
authority to remove a federal official stems from Article II, section 4 of the
Constitution which authorizes' the removal of an official for "Treason,
Bribery, 'or other high crimes and Misdemeanors". The grounds upon which
an official can be removed do not; however, have to be criminal in nature. They
usually involve some type of abuse of power or breach of the public trust.
Articles of impeachment which can be approved by a simple majority in the House
serve as the charging instrument for the later trial in the Senate. If the
President is impeached, the Chief Justice of the Supreme Court presides over
the Senate trial. The defendant can be removed from office by a two-thirds
majority of the senators who are present".
4.
IMPEACHMENT OF U.S PRESIDENT
Under
the Constitution, no president can be removed from during his term of office
expect by impeachment, if charged of a breach of Constitution.
5.
GROUNDS FOR IMPEACHMENT
The
Congress can remove the president by impeachment the grounds of gross
misconduct involving treason, bribery or other high crimes.
6.
PROCESS OF IMPEACHMENT
Impeachment
process begins against the President in the House Representatives. If
sufficient evidence is produced, the house will draft a "Bill of
Impeachment", and is then presented before the Senate, which takes the
trial as High Court, with the Chief Justice as the judge.
7.
PROCEDURE OF IMPEACHMENT
According
to the procedure, the House prepares a list of allegations leveled against the
President and appoints a person to plead the case. The President has a right to
be represented at such investigation. If the president does not submit the
resignation himself, the Senate conducts the prosecution. A two-thirds vote of
the members present is necessary for conviction and it shall have the effect of
removing the President forthwith.
Note
(i) The
penalty, as a result of impeachment, cannot extend to more than the removal of
the President from office and disqualification to hold any office of trust and
responsibility under the Government of United States. It is also pertinent to
note that in case of removal by impeachment, the President shall I continue to
enjoy all other privileges as a citizen.
No
President has been removed, so far, by impeachment. A move against President
Johnson in 1868 was initiated but he was acquitted. Similarly, an impeachment
motion was initiated against President Bill Clinton in the House: it could not
be carried due to lack of support in the Senate.
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