You by no means know while you’ll have to impeach a president. Some people have been hoping to get an impeachment going for the previous two years or so; others could wish to bookmark this web page in case it is useful sooner or later. Right here’s what the Structure says we must always do when confronted with “Treason, Bribery, or different excessive Crimes and Misdemeanors.”
First, the Home proposes articles of impeachment
The method should begin with the Home. Article 1, part 2 of the Structure states that:
The Home of Representatives shall select their Speaker and different Officers; and shall have the only Energy of Impeachment.
The method for doing this isn’t specified, so it’s as much as the members of the Home tips on how to talk about. The New York Instances reviews that when Presidents Clinton and Nixon had been impeached, the articles had been first introduced up within the Home Judiciary committee.
Then, the Senate holds a trial
As soon as the Home votes to question, the remainder of the motion occurs within the Senate. The Structure’s article 1, part three states:
The Senate shall have the only Energy to strive all Impeachments. When sitting for that Function, they shall be on Oath or Affirmation. When the President of the USA is tried, the Chief Justice shall preside: And no Particular person shall be convicted with out the Concurrence of two thirds of the Members current.
Judgment in Circumstances of Impeachment shall not prolong additional than to removing from Workplace, and disqualification to carry and revel in any Workplace of honor, Belief or Revenue beneath the USA; however the Get together convicted shall however be liable and topic to Indictment, Trial, Judgment and Punishment, in accordance with Regulation.
So the Senate holds a trial, with the Chief Justice presiding. Technically this isn’t a prison trial, and the outcomes don’t decide whether or not the President goes to jail. It takes a two-thirds majority vote from the Senate to take away the President.
Nevertheless, if the President is eliminated, they will now not maintain workplace, they usually’re now topic to being tried for his or her crimes the identical manner as the remainder of us.
No President has been eliminated by impeachment (but)
It’s exhausting sufficient to get the method beneath manner, however even when the Home and Senate each cooperate, removing from workplace isn’t a positive factor. Actually, it’s by no means occurred (for a President). Andrew Johnson was impeached, acquitted, and served out the remainder of his time period. Similar with Invoice Clinton. Richard Nixon resigned earlier than the Home may vote on the articles of impeachment that the Judiciary Committee had accredited.