Similar to the British system, Article One of the United States Constitution gives the House of Representatives the sole power of impeachment and the Senate the sole power to try impeachments. Unlike the British system, impeachment is only the first of two stages, and conviction requires a two-thirds vote. Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict. Although the subject of the charge is criminal action, it does not constitute a criminal trial; the only question under consideration is the removal of the individual from office, and the possibility of a subsequent vote preventing the removed official from ever again holding political office in the jurisdiction where he was removed. Impeachment with respect to political office should not be confused with witness impeachment.
Posted on: Sat, 10 Aug 2013 01:24:44 +0000
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