UPDATE I: Thank you so much...my first Recommended Diary...I feel so dirty now.
Number 2 Woo-flippin' hoo!
Hello, Honorable Louise Slaughter... hammer it home, hey?
UPDATE II: Separate consolidated diaries are birthing and congealing for each State. Here are links to those, as they report that here:
Vermonters Here
Go there. Hook up. Do your bit.
A
high crime is one which seeks the overthrow of the country, which gives aid or comfort to its enemies,
or which injures the country to the profit of an individual or group.
On December 10, 1903 William B. Lamar, US Congressional Representative for the 3rd district of Florida, rose on the floor of the house and delivered before Congress articles of impeachment, prepared and resolved by both houses of the legislature of Florida, alleging high crimes and misdemeanors by a Federal Judge, Charles Swayne.
Swayne was ultimately acquitted, but strong precedent was established for a State to initiate impeachment proceedings, as clearly outlined in the House Rules of the 109th Congress (snippet therefrom down below).
Curious? Lick yer thumb...
Carrying forward what
Constant Pation so nimbly started at
this post, and I stirred up further
here, what follows is my humble submission, tailored on the Swayne impeachment and aimed at starting the work that our legislators must do. I expect and trust that others with more legal experience than me will hammer out any defects or inconsistencies found, to prepare this document for its necessary journey.
It starts with a statement on the House floor, addressing the Speaker.
Mr. Speaker, I believe that the impeachment of a president by this House is a question of privilege. I have made a joint resolution adopted by the legislature of the State of ______, a part of the resolution which I desire to submit to this House for its adoption. In pursuance of this joint resolution of the legislature of the State that I have the honor in part to represent, I impeach George W. Bush, president of the United States, of high crimes and misdemeanors; the resolution of which I have prepared in accordance with former proceedings of this House in like cases:
Be it resolved by the legislature of the State of ________that
Whereas Section 603 of the United States House Rules for the 109th Congress permits the inception of impeachment proceedings by charges transmitted from the legislature of a state; and
Whereas George W. Bush, President of the United States, has so conducted himself and his administration as to cause the people of the State to doubt his integrity and to believe that his official actions as president are susceptible to corrupt influences and have been so corruptly influenced; and
Whereas it appears that George W. Bush is, having, on his own admission, repeatedly directed unwarranted surveillance of U. S. persons, guilty of open and defiant violations of the Foreign Intelligence Surveillance Act of the United States, which requires court approval for national security wiretaps and sets up a special procedure for obtaining it; and
Whereas it also appears that George W. Bush has, in his comments and his signing statements pertaining to torture and degrading treatment and rendition of prisoners, shown great scorn for our international treaties, ratified by the Senate, which are the Law of the Land, and our obligations under the United Nations Charter and the Geneva Conventions; and
Whereas the reputation of George W. Bush as a corrupt and imperious president is very injurious to the interests of the entire State of ______ and his constant insistence on his right to violate the law causes great annoyance and expense to citizens in his country and sacrifice of their rights; and
Whereas it also appears that the said George W. Bush is not only a corrupt president, but that he is ignorant and incompetent, and that his presidential opinions do not command the respect or confidence of the people; and
Whereas, it appears that George Walker Bush knew or had reason to know of a decision by the Secretary of Defense to divert funds appropriated for action in Afghanistan to develop plans for action in Iraq, and failed to prevent this action even though said action was contrary to appropriations as enacted by the Congress; and
Whereas, it appears that George Walker Bush communicated to the Congress, as per the requirements of Public Law No: 107-243 (Authorization for Use of Military Force Against Iraq Resolution of 2002) that military action against Iraq was justified because Iraq gave aid and comfort to the perpetrators of the terrorist attacks of September 11, 2001; even though George Walker Bush knew the evidence that supposedly supported this determination was false and fabricated; and
Whereas, it appears that George Walker Bush knew or had reason to know of a decision by the Secretary of Defense to divert funds appropriated for action in Afghanistan to develop plans for action in Iraq, and failed to prevent this action even though said action was contrary to appropriations as enacted by the Congress; and
Whereas the administration of the United States' invasions of Afghanistan and Iraq has resulted in nearly every instance in the waste of the assets of all countries involved, by being absorbed in unnecessary costs, expenses, and allowances, as a result of improperly granted contracts and insufficient oversight, to the great wrong and injury of creditors and others, until such administration is, in effect, legalized robbery and a stench in the nostrils of all good people:
Be it resolved by the house of representatives of the State of _____ (the senate concurring), That our Senators and Representatives in the United States Congress be, and they are hereby, requested to cause to be instituted in the Congress of the United States proper proceedings for the investigation of the proceedings of the Executive Branch by George W. Bush as President of the United States, and of his acts and doings as such, to the end that he may be impeached and removed from such office.
Be it also resolved, That the foregoing charges are hereby being transmitted by the legislature of the state of ______ to the United States Congress on this ___ day of ______, 2006.
Be it resolved further, That the secretary of state of the State of ______ be, and is hereby, instructed to certify to each Senator and Representative in the Congress of the United States, under the great seal of the State of ______, a copy of this resolution and its unanimous adoption by the legislature of the State of ______.
********************************
STATE OF ____, OFFICE OF THE SECRETARY OF STATE.
UNITED STATES OF AMERICA, State of ____, ss:
I, ____, secretary of state of the State of ___, hereby certify that the foregoing is a true and exact copy of the senate joint resolution in reference to George W. Bush, President of the United States, passed by the legislature of ____, session of 2006, and on file in this office.
Given under my hand and the great seal of the State of ____ at
____, the capital, this the __th day of ___, A. D. 2006.
________, Secretary of State
Here are some pertinent references.
Pages 314-315 of the House Rules for the 109th Congress, incorporating Jefferson's Manual, which the House uses as a supplement to its standing rules, read as follows:
Section 603. Inception of impeachment proceedings in the House.
In the House there are various methods of setting an impeachment in motion:
(yakyakyak;)
by charges transmitted from the legislature of a State (III, 2469)
The Constitution
Article I Section 3 Paragraphs 6 & 7 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.
Article II Section 1 Paragraph 7 Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:-- "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
Article II Section 3. Paragraph 1 He shall take Care that the Laws be faithfully executed,
Article II Section 4 Paragraph 1 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 Misdemeanors.
Shall we start with Vermont?