Topic: Constitutional Crisis – The United States Presidency

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Topic: Constitutional Crisis – The United States Presidency

Presentation transcript:

Topic: Constitutional Crisis – The United States Presidency Aim: How will the Constitution deal with scandals involving the United States President?

United States Constitution Article 1 – Section 2 – States “The House of Representatives shall chuse their Speaker and other Officers; and Shall have the sole Power of Impeachment”

Article 1 – Section 2 – states “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 of the Supreme Court shall preside. And no Person shall be convicted without the Concurrence of 2/3 of the members presents” “Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Article 2 – Section 4 – states “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.”

Article 3 – Section 2 – states “The trial for all crimes except in cases of Impeachment shall be by jury; and such trial shall be held in the states where the said crimes shall have been committed.”

What is High Crimes & Misdemeanors? High Crimes – Major and minor felonies. Crimes that can land a convicted person in prison for 1 year or more Misdemeanors – Crimes that can land a person in jail or 1 year or less. Treason – Committing acts that go against the government. As stated in the US Constitution “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court”. Bribery – Excepting monetary or other gifts of value in exchange for preferential treatment

Presidential Impeachments Two Presidents have been Impeached by the House of Representatives and Tried in the Senate. Both were found NOT guilty. President Andrew Johnson – 17th President of the US after the assassination of President Abraham Lincoln. Impeached on 2/24/1868 on 11 charges primarily dealing with the Tenure of Office Act which was eventually ruled unconstitutional. On 5/26/1868 Johnson was found not guilty by one vote and completed his term as President. President William Jefferson Clinton – 42nd President of the US. Impeached on 12/19/1998 on 2 charges of perjury and obstruction of justice. On 2/11/1999 Clinton was found not guilty by a wide margin. Many believe that he was impeached for an extramarital affair but it was for lying to Congress. Morality cannot be legislated. We will look more closely at these scandals to see if the Constitution worked

Other Presidential Scandals President Richard M. Nixon – 37th President of the United States Involved in the first true criminal acts as President that could have gotten him impeached and possibly sent to prison. Involved a burglary of the Watergate Hotel which was the Democratic Party Headquarters. 43 People when to prison for their part in the burglary and cover-up. Nixon resigned before he could be impeached and was pardoned by President Gerald R. Ford.

President Ronald Reagan – 40th President of the United States. Involved in what became known as the Iran Contra Scandal. This scandal involved the illegal sale of weapons to rebels trying to overthrow the government of Nicaragua after Congress banned the sale. Weapons and hostages were exchanged with Iran in a complicated formula involving the US, Iran, and the rebels in Nicaragua. Congress conducted numerous investigations leading to 11 convictions of various officials. President George HW Bush pardoned all those involved. Reagan admitted that things were done without his knowledge and the people forgave him. Reagan remains one of the most popular former Presidents and his high on the list of best Presidents.