Thursday, November 24, 2011

What is the definition of impeachment?

I have a bet with my father that impeachment is the charges against a president, not an action. Who has been impeached as a president? Also do you agree that it is only charges?|||You are right and your Dad is under the popular misconception that impeachment is equal to conviction.





And Yes, I think Clinton deserved both impeachment and conviction.





He lied to the American people and under oath. He lost his license to practice law you know. He was disbarred.|||You are right. Your father is wrong. Impeachment is bringing up charges in the House. The Senate then votes on the charges.|||Impeach is to take someone out of office for a crime they have done.|||In the constitutions of several countries, impeachment is the first of two stages in a specific process for a legislative body to remove a government official without that official's agreement. The second stage is called conviction.





Impeachment is so rare that the term is often misunderstood. A typical misconception is to confuse it with involuntary removal from office; in fact, it is only the legal statement of charges, parallelling an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict.





One tradition of impeachment has its origins in the law of England and Wales, where the procedure last took place in 1806. Impeachment exists under constitutional law in many nations around the world, including Kyrgyzstan,[1] the United States, India, Brazil, Russia, the Philippines, and the Republic of Ireland. See also Constitution of Kyrgyzstan.





Etymologically, the word "impeachment" derives from Latin roots expressing the idea of becoming caught or entrapped, and has analogues in the modern French verb emp锚cher (to prevent) and the modern English impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to attack). (In its more frequent and more technical usage, impeachment of a person in the role of a witness is the act challenging the honesty or credibility of that person.)





The process should not be confused with recall election. A recall election is usually initiated by voters and can be based on "political charges", for example mismanagement, whereas impeachment is initiated by a constitutional body (usually a legislative body) and is usually based, but not always, on indictable offenses. The process of removing the official is also different.


The impeachment procedure is in two steps. The House of Representatives must first pass "articles of impeachment" by a simple majority. (All fifty state legislatures as well as the District of Columbia city council may also pass articles of impeachment against their own executives). The articles of impeachment constitute the formal allegations. Upon their passage, the defendant has been "impeached."





Next, the Senate tries the accused. In the case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. Otherwise, the Vice President, in his capacity as President of the Senate, or the President pro tempore of the Senate presides. This may include the impeachment of the Vice President him- or herself, although legal theories suggest that allowing a person to be the judge in the case where she or he was the defendant wouldn't be permitted. If the Vice President did not preside over an impeachment, the duties would fall to the President Pro Tempore.





In order to convict the accused, a two-thirds majority of the senators present is required. Conviction automatically removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring them from holding future federal office (either elected or appointed). Despite a conviction by the Senate, the defendant remains liable to criminal prosecution. It is possible to impeach someone even after the accused has vacated their office in order to disqualify the person from future office or from certain emoluments of their prior office (such as a pension.) If a two-thirds majority of the senators present does not vote "Guilty" on one or more of the charges, the defendant is acquitted and no punishment is imposed.





Congress regards impeachment as a power to be used only in extreme cases; the House has initiated impeachment proceedings only 62 times since 1789 (most recently President Clinton), and only the following 17 federal officers have been impeached:





two presidents:


Andrew Johnson was impeached in 1868 after violating the then-newly created Tenure of Office Act. President Johnson was acquitted of all charges by a single vote in the Senate.


Bill Clinton was impeached on December 19, 1998 by the House of Representatives on grounds of perjury to a grand jury (by a 228鈥?06 vote) and obstruction of justice (by a 221鈥?12 vote). Two other articles of impeachment failed鈥攁 second count of perjury in the Jones case (by a 205鈥?29 vote), and one accusing President Clinton of abuse of power (by a 148鈥?85 vote). He was acquitted by the Senate.


one cabinet officer, William W. Belknap (Secretary of War). He resigned before his trial, and was later acquitted. Allegedly most of those who voted to acquit him believed that his resignation had removed their jurisdiction.


one Senator, William Blount (though the Senate had already expelled him and it may have been illegal, see above).


Associate Justice Samuel Chase in 1804. He was acquitted.


twelve other federal judges, including Alcee Hastings, who was impeached and convicted for allegedly taking over $150,000 in bribe money in exchange for sentencing leniency. The Senate did not bar Hastings from holding future office, and Hastings won election to the House of Representatives from South Florida. Hastings' was mentioned as a possible Chairman of the House Permanent Select Committee on Intelligence, but was passed over by House Speaker-designate Nancy Pelosi, presumably because of his previous impeachment and removal. Source U.S. Senate|||kick out|||Bill Clinton was impeached, but did not have to leave office.|||Impeachment in the United States is an expressed power of the legislature which allows for formal charges to be brought against a high official of government for conduct committed in office. The trial or removal of an official is separate from the act of impeachment. Typically, the lower house of the legislature will impeach the official and the upper house will conduct the trial.





At the Federal level, the House of Representatives has the sole power of impeaching the President, Vice President and all other civil officers of the United States. Officials can be impeached for: "treason, bribery, or other high crimes and misdemeanors." The United States Senate has the sole power to try all impeachments. The removal of impeached officials is automatic upon conviction in the Senate.





Impeachment can also occur at the state level; state legislatures can impeach state officials, including governors, according to their respective constitutions.|||Firing a president ending his presidency.|||When an irate citizen demands that a disfavored public official be impeached, the citizen clearly intends for the official to be removed from office. This popular use of impeach as a synonym of "throw out" (even if by due process) does not accord with the legal meaning of the word. As recent history has shown, when a public official is impeached, that is, formally accused of wrongdoing, this is only the start of what can be a lengthy process that may or may not lead to the official's removal from office. In strict usage, an official is impeached (accused), tried, and then convicted or acquitted. The vaguer use of impeach reflects disgruntled citizens' indifference to whether the official is forced from office by legal means or chooses to resign to avoid further disgrace.|||To charge a high public official before a legally constituted trubunal with a crime or misdemeanor while in office.|||impeachment





Criminal proceeding instituted against a public official by a legislative body. In the U.S. the president, vice president, and other federal officers, including judges, may be impeached by the U.S. House of Representatives. The House draws up articles of impeachment that itemize the charges and their factual bases. Once approved by a majority of House members, the articles are submitted to the Senate, which holds a trial. At its conclusion, each member votes for or against conviction on each article; conviction requires a two-thirds majority. A convicted official can be removed from office. The Constitution of the United States specifies that an officer is to be impeached for "high crimes and misdemeanors"; experts agree that impeachment is permitted for noncriminal misconduct (e.g., violation of the Constitution). Two U.S. presidents, Andrew Johnson and Bill Clinton, were impeached; both were acquitted. In 1974, articles of impeachment were drawn up against Pres. Richard Nixon, who resigned before formal proceedings could begin. In Britain, where the House of Commons prosecutes and the House of Lords judges impeachment proceedings, impeachment was formerly a means by which Parliament could get rid of unpopular ministers, usually court favourites protected by the monarch. The procedure fell into disuse in the early 19th century, when cabinet ministers became responsible to Parliament rather than to the sovereign.





atp|||Impeachment literally means "to accuse", its how the house of representatives charges someone. I don't think the word applies to the trial the official would face in the Senate. The only Presidents to be Impeached were Andrew Johnson and Bill Clinton. Nixon resigned days before he was to be impeached, neither Johnson or Clinton were removed from office, Johnson was only one vote from it.|||I am pretty sure its kinda like when the house of representatives accuses you of something you did. And then the Senate acts like a jury and the figure out if you are guilty or innocent.Or in technical terms its :a formal document charging a public official with misconduct in office. Here's a example of impeachment:


A formal accusation of wrongdoing against a public official. According to the United States Constitution, the House of Representatives can vote to impeach an official, but the Senate actually tries the case. Several presidencies have been blemished by impeachment or the threat of impeachment: President Andrew Johnson was impeached after the Civil War but was acquitted. President Richard Nixon resigned from office as the House of Representatives prepared to initiate impeachment proceedings. President William Jefferson Clinton was impeached in 1998 but was acquitted by the Senate the following year.

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