Much has been said about Impeachment. This is the process to - TopicsExpress



          

Much has been said about Impeachment. This is the process to follow. The Constitution sets forth the general principles which control the procedural aspects of impeachment, vesting the power to impeach in the House of Representatives, while imbuing the Senate with the power to try impeachments. Both the Senate and the House have designed procedures to implement these general principles in dealing with a wide range of impeachment issues. This is the process: 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. Other provisions deal with procedures and consequences. Article I, Section 2 states: The House of Representatives . . . shall have the sole Power of Impeachment. We have the votes Similarly, Article I, Section 3, describes the Senates role: 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. This is to say we need 66 votes. We should be at 58 Delicate issues of basic constitutional law are involved in every impeachment. Those issues cannot be defined in detail in advance of full investigation of the facts. The Supreme Court of the United States does not reach out, in the abstract, to rule on the constitutionality of statues or of conduct of a sitting President. Cases must be brought and adjudicated on particular facts in terms of the Constitution as applied to the facts. Similarly, the House does not engage in abstract, advisory or hypothetical debates about the precise nature of conduct that calls for the exercise of its constitutional powers; rather, it must await full development of the facts and understanding of the events to which those facts relate. The Oversight committee of the House along with others (foreign relations, House Judiciary) must review the conduct of the administration and develop a coherent factual basis or a pattern of conduct (Russia, Iran, Libya, Ukraine, CUBA) to formulate articles of impeachment that can be tried by the Senate. Republicans must prove every element of the information. The actual trial is conducted in a courtroom-like proceeding including examination and cross-examination of witnesses. During questioning, Senators remain silent, directing all questions in writing to the Chief Justice. Only three Presidents have been charged with Articles of Impeachment; Andrew Johnson, Richard Nixon, William J. Clinton, no President has been in fact Impeached. What is said here does not reflect any prejudgment of the facts or any opinion or inference respecting the any allegations. This memorandum is written before completion of the full and factual investigation by our Republican House. It is intended to be a review of the precedents principles to guide our members in the process of impeachment.
Posted on: Thu, 18 Dec 2014 17:45:33 +0000

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