What is it? Whose been though the process?. Objectives Discuss the Origins of the Impeachment and its process in the United States Analyze the impeachments.

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Presentation transcript:

What is it? Whose been though the process?

Objectives Discuss the Origins of the Impeachment and its process in the United States Analyze the impeachments of President’s Andrew Johnson and William “Bill” Clinton Analyze Nixon’s near impeachment

Origins and Process of Impeachment Jolly Old England Madison and Federalist 51- “Ambition must be made to counteract ambition.” Article 1, Sections 2 and 3; Article II, Section 4; and Article III, Section 1- Impeachment in the Constitution

Process Continued…Art. II, Sect. 4 “The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Treason-Art. III, Sect. 3 Bribery High Crimes and Misdemeanors- George Mason vs. James Madison – What are they? And who decides?

Process Continued...Congress House of Representatives (218) Committee Prosecution Senate (2/3 or 67/100) Judge and Jury Supreme Court Moderator Votes Impeachment and Acquittal

Step by Step Process Stage 1. Resolution: A resolution, known as an inquiry of impeachment, is referred to the Judiciary Committee. Or, among other alternatives, a member may introduce a bill of impeachment, to be referred to the committee. Stage 2. Committee vote: After considering evidence, the Judiciary Committee votes on a resolution of inquiry stating whether there is enough evidence for impeachment.

Step by Step Process Stage 3. House vote: In this case, the full House would vote whether to approve a Judiciary Committee decision to proceed to a full-blown impeachment hearing Stage 4. Hearing: The Judiciary Committee holds hearings into the accusations, possibly broadening the inquiry into other subjects.

Step by Step Process Stage 5. Report: The committee votes on one or more bills of impeachment and issues a report to the House, setting forth articles of impeachment. Stage 6. House vote: The House votes on the bill of impeachment. A simple majority decides whether to bring the case before the Senate. The House can overturn a Judiciary Committee vote in which the majority recommended against impeachment.

Stage 7. Senate trial: In a trial conducted on the Senate floor, the House Judiciary Committee brings the case against the President, who is defended by his own lawyers. The Senate acts as the jury, and the Chief Justice of the Supreme Court presides over the trial. Stage 8. Senate vote: The Senate votes on each article of impeachment. If a two-thirds majority supports impeachment, the President is removed from office.

Introduction

Andrew Johnson 17 th United States President after death of Lincoln Democrat President’s Reconstruction vs. Congress Reconstruction Freedman’s Bureau Bill, Civil Rights Act of 1866, Reconstruction Act of 1867, Tenure of Office Act Radical Republicans Edwin Stanton

Johnson Impeached Impeachment Number 1 Complaints filed against the president Failed House vote… Impeachment Number 2 11 Articles Filed Supreme Court Justice Salmon P. Chase Acquitted

Johnson Vote House126 Conviction47 Nay Senate35 Conviction19 Acquittal Note: At this time it took 36 out of 54 Senate votes to reach the 2/3 majority.

William “Bill” Clinton 42 nd President of the United States Paula Jones and Monica Lewinsky Kenneth Starr Impeachment 4 Articles 2 passed the House: Perjury and Obstruction of Justice 2 did NOT pass the House: Article II and Article IV Supreme Court Justice William Rehnquist Honorable Edward Pease (R-IN)

Clinton Vote House Judiciary Committee ChargeYes by PartyNo by Party Perjury21 Republicans16 Democrats Obstruction of Justice 21 Republicans16 Democrats Article II20 Republicans17 Democrats ; 1 Republican Article IV21 Republicans16 Democrats

Clinton Vote House of Representatives Charge and VoteYes by PartyNo by PartyNot Voting Perjury Rep; 5 Dem5 Rep; 200 Dems; 1 Ind 1 Dem Obstruction of Justice Rep; 5 Dem12 Rep; 199 Dem; 1 Ind 2 Dem Article II Rep; 5 Dem28 Rep; 200 Dem; 1 Ind 1 Dem Article IV Rep; 1 Dem81 Rep; 203 Dem; 1 Ind 2 Dem

Clinton Vote Senate Charge and VoteYes by PartyNo by Party Perjury Rep45 Dem; 10 Rep Obstruction of Justice Rep45 Dem; 5 Rep

Richard M. Nixon 37 th President of the United States Republican Watergate and Tapes Executive privilege and US vs. Nixon Impeachment Only House Judiciary 3 Articles Obstruction of Justice Abuse of Power Defiance of Subpoenas Resignation

Nixon Vote House Judiciary Committee Charge and VoteYes by PartyNo by Party Article I Dem; 6 Rep11 Rep Article II Dem; 7 Rep10 Rep Article III Dem; 2 Rep2 Dem; 15 Rep

Closing Explanation of what we have observed in regards to impeachment in the House and acquittal in the Senate What should be grounds for Impeachment: Treason Bribery High Crimes and Misdemeanors Questions and Answers Final Thoughts