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LS500 Unit 3 Seminar Professor Michele Wolf
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Welcome! Contact Info: Contact Info: Email: Mwolf2@kaplan.edu Mwolf2@kaplan.edu Office Hours: Sun 7-8 PM & Sat 10-11 AM
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The Impeachment Process
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Q. What is impeachment? A. It is a process, authorized by the Constitution, to bring charges against certain officials of the federal government for misconduct while in office.
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Q. Who are these officials? A. Article 2, Section 4, specifies that "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." These "civil officers" include federal judges and cabinet members, but do not include Senators and Representatives, (the Senate and House deal with misconduct by their own members).
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Q. What is the role of the House of Representatives in impeachment under the Constitution? n A. Article 1, Section 2, of the Constitution specifies that "the House of Representatives...shall have the sole power of impeachment." This means that it has the power to bring charges against an official.
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Q. What is the Senate's role under the Constitution? A. Once impeached, high officials are tried by the Senate. Article 1, Section 3, specifies, "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."
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Q. What punishment does the Constitution prescribe if the official is convicted? A. Article 1, Section 3, also specifies, "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."
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Q. What else does the Constitution say about impeachment? A. Article 2, Section 2, gives the President the "Power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Article 3, Section 2, says, "The trial of all crimes, except in cases of impeachment; shall be by jury..."
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Q. How many impeachment proceedings have there been in our history? How many involved a president? A. The serious nature of impeachment is reflected in the fact that the House of Representatives has only moved seriously to impeach 19 officials in the more than 200 years since the Constitution was ratified, including three presidents, one cabinet member, one senator, and 13 judges. (The trial of the senator in 1797 resulted in the judgment that a United States Senator is not subject to impeachment.) Only seven of these officers were convicted by the Senate. A president has never been removed from office through the impeachment process. Andrew Johnson, who was impeached in 1868, was not convicted by the Senate (by a margin of one vote) and Richard Nixon resigned before the House voted on the articles of impeachment recommended by the Judiciary Committee. Clinton was impeached but convicted by the Senate.
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Q. How does the impeachment process reflect the role of checks and balances in our constitutional system? A. In essence, impeachment reflects a check by the legislative branch on the executive and judicial branches. It provides a way for this branch to deal with serious misconduct by judges and by both elected and nonelected members of the executive branch. A. In essence, impeachment reflects a check by the legislative branch on the executive and judicial branches. It provides a way for this branch to deal with serious misconduct by judges and by both elected and nonelected members of the executive branch.
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Video Fun on the Separation of Powers View the classic from SchoolHouse Rock: View the classic from SchoolHouse Rock: http://www.youtube.com/watch?v=gLQg7G 3hkGY http://www.youtube.com/watch?v=gLQg7G 3hkGY
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Presidential Impeachments Andrew Johnson Andrew Johnson Richard Nixon Richard Nixon William Clinton William Clinton
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Need help? Email me with any questions or concerns Email me with any questions or concerns Communication is the key to success Communication is the key to success Do not be afraid or too proud to ask for help Do not be afraid or too proud to ask for help I am here to help you I am here to help you Let’s work together and have a great term! Let’s work together and have a great term!
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