Presidential Impeachment

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Presentation transcript:

Presidential Impeachment SSCG14 The student will explain the impeachment process and its usage for elected officials. Explain the impeachment process as defined in the U.S. Constitution. Describe the impeachment proceedings of Andrew Johnson and Bill Clinton.

IMpeachment The process to remove an official of the federal government from office Important “check & balance” on power Presidents and others can be removed from office for "high crimes and misdemeanors"

the Impeachment Process According to the Constitution Article I, Section 2 of the United States Constitution says, in part, “The House of Representatives shall have the sole power of Impeachment.” Article I, Section 3 of the United States Constitution says, in part “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.” Article II, Section 4 of the United States Constitution says, “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.”

Why Impeach? High Crimes and Misdemeanors Malfeasance (an illegal act) Misfeasance (an illegal act which could have otherwise been done legally) An act against the state (country) or constitution Ultimately, the definition of an impeachable offense is left to the House of Representatives to determine

The TWO-STEP IMPEACHMENT Process… Step One The House of Representatives holds hearings, then votes to impeach the President. If the House of Representatives vote in favor of impeachment by a simple majority (one more than half), the House sends Articles of Impeachment to the Senate. Step Two The Senate conducts a trial of the President to decide if the President is guilty of the crimes charge in the Articles of Impeachment. Chief Justice of Supreme Court presides over the trial. If two-thirds of the Senate votes to accept any Article of Impeachment, the President is automatically removed from office

Historical Example… Andrew Johnson (1867) – Reconstruction President who was in a fight with his own party over handling of former slave states, which led to his successful impeachment. He was acquitted (found not guilty) by one vote in the Senate, so he was allowed to stay in office. Remember if the President is found guilty by 2/3 of the Senators, then he is removed from office. Being impeached does not mean you are removed from office.

Historical Example… Richard Nixon (1974) – following evidence that he had knowledge of break-ins done for his political benefit, Nixon resigned rather than face impeachment

Historical Example… Bill Clinton (1998) – charged with perjury (lying under oath) and obstruction of justice after lying about an affair with a White House intern. This effort did not lead to his removal from office.