The Law Behind Impeachment
The framers of the Constitution had numerous discussions leading up to the ratification of the Constitution. Some of the discussions centered on the Executive branch of the government, while others were about impeachment. Their discussions determined what powers and limitations the executive branch was to operate under, and what to do when the power of the office was abused. Article II, of the Constitution of the United States, allocates and outlines the executive branch of the government. The Executive Branch consists of the President, Vice-President, and their staff. Before the President elect can assume his or her duties as President, he or she must take a sworn oath of office. Within that oath, the President agrees to faithfully execute all laws (9-12). Since the times of George Washington, all Presidents have taken this "Oath of Office" The U.S. Constitution, Article II, section 4, states "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"(12). According to the Washington Post, "High Crimes and Misdemeanors" dates back to 1787. In that year, the men working on the Con
Cloud, John. "What exactly are high crimes and misdemeanors'?" Time Magazine 21 Sept. Article I, section 2 of the Constitution gives the House of Representatives the "sole power of Impeachment"(2). This means the House of Representatives has the duty to write up Articles of Impeachment and list any impeachable offenses. The House votes on the Articles of Impeachment. A simple majority vote wins. The Articles are then transferred to the Senate. Select members of the House of Representatives present the evidence to the Senate. Committee, Judiciary. "Constitutional Groups for Presidential Impeachment." Washington Post The Founding Fathers debated over the subject of impeachment. According to the Washington Post, Alexander Hamilton wrote in Federalist Paper No. 70, that impeachment is necessary because of a President's ability to "conceal faults and destroy responsibility". He also wrote about impeachment in Federalist Paper No. 65, saying the President must be impeached for "those offenses, which proceed the misconduct of public men, or, in other words, from the abuse or violation of some public trust". Future Supreme Court Justice James Iredell stated the President is "personally responsible for any abuse of the great trust reposed in him". He went on to say the President "must certainly be punishable for giving false information"(2-8). In Federalist Paper No. 64, John Jay indicates that the security for fidelity of our nation's leaders will be their "honor, oaths, reputation, conscience, love of country, family affections, and attachments"(4). The Washington Post goes on to report that James Wilson, Representative of Pennsylvania, wrote that a President "cannot act improperly,
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