What Constitutes Impeachment of a President According to the Constitution? By Sampson Quain, eHow Contributor Share Print this article The U.S. Constitution has provisions to remove a president from office. The U.S. Constitution has provisions to remove a president from office. The Constitution of the United States is the document that establishes the laws of the country, sets up the structure of government and provides the framework by which Americans conduct their lives. In creating the three branches of government, the Constitution also developed a checks and balances system to prevent abuse of power. One notable aspect of this system is the authority of Congress to impeach the president for specific acts. Other People Are Reading What Are the Impeachable Offenses for a U.S. President? What Are the Presidents Constitutional Powers? Article for Impeachment One of the main impetuses for the American Revolution was the tyranny of imperial rule exemplified by King George III. In an effort to prevent an American president from assuming imperialistic tendencies, the founding fathers wrote provisions in the Constitution authorizing the removal of a president for specific reasons. Article II, Section 4, of the Constitution reads, 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. Impeachment Trial The Constitution also establishes a format and an authoritative body to oversee the impeachment trial of the president. According to Article I, Section 3, 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 sets out the parameters of a presidential impeachment trial, with the Senate conducting hearings to determine the presidents guilt or innocence. Article I, Section 3 also prohibits a president who is convicted from holding public office again and makes the president subject to prosecution under criminal law. Sponsored Links Criminal Records Online 1) Enter Name and State 2) Get Full Criminal & Public Records! criminalrecords.peoplesmart Impeachment Process Although the Senate conducts the actual impeachment trial, it is the House of Representatives that must first decide whether to prepare an article of impeachment against the president. Article I, Section 2, Clause 5, of the Constitution states that, The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. The House Judiciary Committee must first gain the authority from the entire House of Representatives before it can begin an inquiry, which requires a majority vote. The Judiciary Committee then conducts an inquiry and, if enough evidence is found, sends articles of impeachment to the full House, which debates each article. To formally impeach the president, a majority vote is needed for each article of impeachment. Once the president is impeached, the Senate conducts a trial and votes on whether or not to convict the president. Impeachment History In the history of the American presidency, only two presidents have faced impeachment trials: Andrew Johnson in 1868 and Bill Clinton in 1998. Andrew Johnson, the 17th president of the United States, served from 1865 to 1869. Faced with a nation recovering from the Civil War and still grieving from the assassination of President Lincoln, Johnson was opposed by Radical Republicans who sought to stymie his legislative agenda and passed laws limiting his power. After Johnson fired his Secretary of War -- which Republicans claimed violated the Tenure of Office Act -- Johnson was tried on 11 impeachment articles and acquitted by a single vote. President Clinton was impeached in 1998 for his personal relationship with a White House intern, but the Senate voted him not guilty on all charges. Read more: ehow/info_8490899_constitutes-impeachment-president-according-constitution.html#ixzz2yKeXiN3G
Posted on: Tue, 08 Apr 2014 22:01:12 +0000
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