a realistic look at impeachment.
Fri Jun 22, 2007 at 09:49:53 AM PDT
this site has become somewhat obsessed with impeachment these days, so, let's look at the issue. REALLY look at the issue! okay?
let's start at the beginning: here's the definitive primer on impeachment - have at it!
QUESTION: who, legally, can be impeached?
ANSWER:
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.
--U.S. Constitution, Article 2, Section 4
This includes the president, the vice president AND members of the
judiciary (including supreme court justices)
let's not stop here... for an accurate definition of the process please join me beneath the fold!
according to cornell school of law,
Technically, impeachment is the Senate's quasi-criminal proceeding instituted to remove a public officer, not the actual act of removal. Most references to impeachment, however, encompass the entire process, beginning with the House's impeachment inquiry. The term will be used in that broader sense here. By design, impeachment is a complex series of steps and procedures undertaken by the legislature. The process roughly resembles a grand jury inquest, conducted by the House, followed by a full-blown trial, conducted by the Senate with the Chief Justice presiding. Impeachment is not directed exclusively at Presidents. The Constitutional language, "all civil officers," includes such positions as Federal judgeships. The legislature, however, provides a slightly more streamlined process for lower offices by delegating much of it to committees. See Nixon v. US, 506 U.S. 224 (1993)(involving removal of a Federal judge). Presidential impeachments involve the full, public participation of both branches of Congress.
so, for those who want immediate satisfaction or those who expect immediate removal of a person being impeached, that does not occur. impeachment is a process. furthermore, there are seven distinct steps involved.
these are as follows:
- the house judiciary committee decided whether or not to hold an inquiry on impeachment.
- the judiciary adopts a resolution to launch that inquiry and puts it before the house, where it must pass with a majority vote by the house.
- the judiciary committee then commences with the inquiry. that inquiry MAY be in the form of public hearings or not. the judiciary committee draws up articles of impeachment and must pass them by a majority of the committee. the articles of impeachment are then submitted to house for approval.
- each article of impeachment is debated and voted upon by the house. once an article is approved by a majority in the house, the person is officially impeached and the process moves to the senate for trial.
- the senate becomes the jury for the trial which is presided over by the chief of the supreme court. each article is considered separately, but it only takes one article to impeach.
- the senate then votes to remove the official from office which, to succeed, must be a 2/3s vote for impeachment.
- in the case of president, the president would be removed from office automatically causing the vice president to assume the role of president.
so, as you all can see, to successfully remove bush and cheney from office, cheney must be impeached first with all of the above steps followed. after impeaching cheney, the president would automatically name a replacement, who would then be selected by the current president and confirmed under the provisions of the twenty-fifth amendment to the constitution.
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
so, even IF the congress successfully impeached cheney, then george w. bush gets to pick a new vice president. nancy pelosi does not automatically become president.
the impeachment of all civil officers does NOT include members of congress, however. they are removed through the election process or through expulsion by the individual chamber.
The direction to discipline or ``punish'' its own Members, and the authority to expel, relate directly to and inform the right ``recognized by common parliamentary law'' of self-preservation of the institutional integrity of the legislature and its proceedings.6 Even if not granted expressly within a constitution or similar document, authorities have contended that the right to expel and to discipline members of a legislative body is an inherent right of that institution. This disciplinary authority has been described as one ``naturally and even necessarily incidental to . . . legislative bodies; which, without such power, could not exist honorably, and fulfill the object of their creation.''7
why is this process so cumbersome and time-consuming? the nature of adversarial politics with impediments for removal of said adversaries forces the two opposing parties to work toward a consensus. IF the process were simple, easy and fast, government would grind to a complete halt while every action would become a "high crime and misdemeanor". during the andrew johnson impeachment, article X of his impeachment was for speaking in a "loud voice".
ARTICLE X.
That said Andrew Johnson, President of the United States, unmindful of the high duties of his office and the dignity and proprieties thereof, and of the harmony and courtesies which ought to exist and be maintained between the executive and legislative branches of the Government of the United States, designing and intending to set aside the rightful authorities and powers of Congress, did attempt to bring into disgrace, ridicule, hatred, contempt and reproach the Congress of the United States, and the several branches thereof, to impair and destroy the regard and respect of all the good people of the United States for the Congress and legislative power thereof, (which all officers of the government ought inviolably to preserve and maintain,) and to excite the odium and resentment of all good people of the United States against Congress and the laws by it duly and constitutionally enacted; and in pursuance of his said design and intent, openly and publicly and before divers assemblages of citizens of the United States, convened in divers parts thereof, to meet and receive said Andrew Johnson as the Chief Magistrate of the United States, did, on the 18th day of August, in the year of our Lord 1866, and on divers other days and times, as well before as afterward, make and declare, with a loud voice certain intemperate, inflammatory, and scandalous harangues, and therein utter loud threats and bitter menaces, as well against Congress as the laws of the United States duly enacted thereby, amid the cries, jeers and laughter of the multitudes then assembled in hearing, which are set forth in the several specifications hereinafter written, in substance and effect, that it to say:
the confrontation between johnson and the congress began in march of 1867 when he vetoed the tenure of office legislation that stated he could not remove or dismiss appointed officials without the approval of congress. johnson felt this law was unconstitutional. following his removal of the secretary of war, congress began articles of impeachment. the actual impeachment trial of andrew johnson ran from march 30 through may 26, 1868. there were eleven articles of impeachment drawn against johnson, but in the end, he was acquitted on all counts.
the second president to be impeached was william jefferson clinton. his trial lasted from january 7 through february 12, 1999. there were four articles of impeachment drawn but only article one and article three were approved by the house. clinton was acquitted on both charges when the required 2/3s majority was not reached.
the process to impeach president clinton began on september 11, 1998 ended on february 12, 1999 following years of investigation by the kenneth star. indeed, the perjury charge itself was, according to many, a set-up to entrap president clinton so that charges could be brought against him. unfortunately for him AND the nation, he fell easily into that trap.
in conclusion, impeachment proceedings are ONLY initiated upon serious allegations of gross misconduct [high crimes and misdemeanors] where there is sufficient evidence to draw up the articles of impeachment. impeaching bush would place cheney in the office.
impeaching cheney would automatically require bush to select a new vice president that would have to be confirmed by congress. by the time that process is complete, there is insufficient time in his term of office to impeachment bush.
furthermore, should impeachment proceedings begin, the possibility of a pardon for all crimes committed by cheney would be heightened. impeaching bush and leaving cheney in office would leave open the possibility of pardoning bush (in the same format that ford pardoned bush). [update: thanks to all who pointed out my wishful thinking - ford pardoned nixon, not bush.]
what would be accomplished by undertaking such an action?
unfortunately, without the requisite 2/3s majority to convict, all impeachment would do is give bush cover for his actions during his term of office. he would become the "victim" in the eyes of history.
i personally would rather see impeachment reserved to remove justices scalia and thomas AFTER we gain a supermajority in congress. that would be an impeachment worth having! so, to acquire our supreme court again, i suggest we start looking toward electing that supermajority in 2008.
this is how we can take back our nation, restore our constitution, guarantee this travesty never happens again!
