December 03, 2007

IMPEACHMENT TOOLKIT: What is impeachment

What is Impeachment?

from http://impeachforpeacemarshall.org/whatisimpeach.htm


Impeachment is a Constitutional process of bringing charges against officials of the federal government for misconduct while in office. It is designed "to protect our country and our Constitution from leadership that has become a danger to the country. Phrases used by the framers of the Constitution include 'corruption,' 'abuse of power,' 'subversion of the Constitution,' and 'neglect of duty.'"
(Professor Jeff Atkinson of DePaul Law School)

Importantly, Impeachment is a political process not a legal or judicial process. As such, the only penalties are loss of office and being barred from holding any future office in the government. If crimes have been committed they are addressed through the appropriate legal system. Self-serving retrospective legislation (E.g.; the "Military Commissions Act of 2006" - which excuses violations of the Geneva Conventions's Common Article 3 from prosecution) has no bearing on whether such misconduct is grounds for impeachment.

"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."

"The term "high crimes and misdemeanors" has not been specifically defined or interpreted. Treason and bribery are very serious offenses against the state, and most experts agree that offenses encompassed within "high crimes and misdemeanors" are similarly serious."

Dean John D. Feerick;
Fordham University School of Law,
in an article published in 1984

Impeachment

is a constitutional term that does not have the current meaning of an offense less serious than a felony.)

How is Impeachment Accomplished?



The Constitution specifies that "the House of Representatives...shall have the sole power of impeachment" (Constitution of the United States, I. 3.) This means that it has the power to bring charges against an official (similar to a Grand Jury). To begin, the House of Representatives refers the investigation to its Judiciary Committee, which reviews the evidence and may conduct hearings. It determines whether an official impeachment inquiry is warranted and, if so, asks the House for permission to proceed. An official investigation follows, with the Committee deciding whether to offer articles of impeachment to the full House. The House then votes separately on each of the articles, with a simple majority needed to impeach the official. Articles of impeachment approved by the House are then presented to the Secretary of the U.S. Senate for trial. Once impeached, high officials are tried by the Senate. When the President of the United States is tried, the Chief Justice presides and two thirds of the members present must vote in favor of impeachment.


So, impeachment in not used to address merely partisan political issues such as taxes or social issues. It is reserved for serious attacks against the Constitution and the governmental process by those in power.


To explore charges that, whatever else they may be, probably do NOT rise to the level of Constitutional "High Crimes & Misdemeanors";

To see the Constitutional "High Crimes & Misdemeanors" for which Impeachment hearings SHOULD be conducted; click here.


A Houston Veteran For Peace, Tom Chelston, has provided "Music To Impeach By"; four songs (three with video). Here are his songs:

Here's Tom's new video of "Impeach":

I hope you enjoy them as much as I did! Please visit his website at: tom@tomsongs.org


Join in with Neil Young singing "Let's Impeach the President"

No comments:

ShareThis