Impeachment
is a Constitutional process of bringing charges against officials of
the federal government for misconduct while in office. It is designed
"to protect our country and our Constitution from leadership that has
become a danger to the country. Phrases
used by the framers of the Constitution include 'corruption,' 'abuse of
power,' 'subversion of the Constitution,' and 'neglect of duty.'"
(Professor
Jeff Atkinson of DePaul Law School)
Importantly,
Impeachment is a political process not
a legal or judicial process. As
such, the only penalties are loss of office and being barred from
holding any future office in the government.
If crimes have been committed they are addressed through
the appropriate legal system. Self-serving
retrospective legislation (E.g.; the "Military Commissions Act of 2006"
- which excuses violations of the Geneva Conventions's
Common Article 3 from prosecution) has no bearing on whether such
misconduct is grounds for impeachment.
What
Are Grounds For
Impeachment?
Constitution
of the United States of America
Article
II,
Section IV
* * *
* *
"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."
"The
term "high crimes and misdemeanors" has not been specifically defined
or interpreted. Treason and bribery are very serious offenses against
the state, and most experts agree that offenses encompassed within
"high crimes and misdemeanors" are similarly
serious."
Dean John D.
Feerick; Fordham
University School of Law, in an article published in 1984
("Misdemeanors"
is a constitutional term that does not have the current meaning of an
offense less serious than a felony.)
How
is
Impeachement Accomplished?
The Constitution specifies that "the House of
Representatives...shall have the sole power of
impeachment"
(Constitution of the United States, I. 3.)
This means that it has the power to bring charges against
an official (similar to a Grand Jury).
To
begin, the House of Representatives refers the investigation to its
Judiciary Committee, which reviews the evidence and may conduct
hearings. It
determines whether an official impeachment inquiry is warranted and, if
so, asks the House for permission to proceed.
An official investigation follows, with the Committee
deciding whether to offer articles of impeachment to the full
House. The House then votes
separately on each of the articles, with a simple majority needed to
impeach the official. Articles
of impeachment approved by the House are then presented to the
Secretary of the U.S. Senate for trial.
Once impeached, high officials are tried by the Senate. When
the President of the United States is tried, the Chief Justice presides
and two thirds of the members present must vote in favor of impeachment.
So,
impeachment in not used to address merely partisan political issues
such as taxes or social issues.
It is reserved for serious attacks against the
Constitution and the governmental process by those in power.
To
explore charges that,
whatever else they may be, probably do NOT
rise to the level of
Constitutional "High Crimes & Misdemeanors"; click
here.
To see
the Constitutional "High Crimes & Misdemeanors"
for which Impeachment hearings SHOULD
be conducted; click here.
A Houston Veteran
For Peace, Tom Chelston, has provided "Music To
Impeach By"; four songs (three with video). Here are
his songs:
