Impeachment

According to Article 1, § 2 of the U.S. Constitution: "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment." The question of whether there will be an impeachment trial is determined by this clause. Keep in mind, that an impeachment is equivalent to an indictment, not a conviction.

An impeachment proceeding may be initiated by a number of sources including: members of the House of Representatives, special prosecutors, the President, state legislatures, grand juries, or by petition.

Upon receiving a resolution for impeachment, the U.S. House of Representatives Committee on the Judiciary votes to determine whether grounds for impeachment exist. Upon attainment of a simple majority vote in favor of impeachment, the committee presents the resolution for impeachment, with the committee's recommendations, to the full body of the House. After deliberating the resolution, the House votes on whether to impeach the defendant.

In order to impeach the defendant, the hearing requires 1.) a quorum of a simple majority of House members, and 2.) Asimple majority vote in favor of impeachment, by House members present, for the full resolution of the impeachment, or any article of the impeachment.

Once the vote in favor of impeachment has been attained, the House informs the U.S. Senate of the outcome, and then chooses some House members to act as prosecuting attorneys, called "managers".

The U.S. Senate prepares to try the impeachment case, during which, it will hear the arguments of both sides. In the case of the impeachment of a U.S. President, the Chief Justice of the United States presides over the proceedings.

In order to convict the defendant in an impeachment trial, the hearing requires 1.) a vote in favor of conviction equal to or exceeding two-thirds of the members of the U.S. Senate present, and 2.) a quorum of a simple majority of U.S. Senators.

According to Article 1, § 3 of the U.S. Constitution: "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."

Interesting Note: The President of the U.S, may not veto an impeachment trial conviction by the Senate, and the conviction may not be overturned by Presidential pardon. However, any further criminal convictions faced by the official, may be pardoned by the President.

Posted via email from Global Politics