How can impeach the president
A committee of three jurists conducts a detailed investigation. They submit the report in the next session of both the Houses of Parliament. Since the impeachment and conviction of officials involve an overturning of the routine constitutional procedures, they are usually reserved for those who have committed serious abuses of their office. Products IT. About us Help Center. Log In Where do you want to login? Sign Up. Income Tax Filing. Expert Assisted Services. Tax Saving.
Mutual Fund Investments. GST Software. TaxCloud Direct Tax Software. Need Help? About us. Download link sent. Category Economy. Impeachment Reviewed by Annapoorna Updated on Nov 11, They guarded carefully against all danger of popular excesses, and any injustice to the accused, by withholding the general power of punishment.
It is not better for the state that traitors should remain in office than that innocent men should be expelled. Besides, it is true in relation to this procedure, that the higher the post the higher the crime. Neither the Constitution nor the statutes have determined. It follows, therefore, that the House must judge for what offences it will present articles, and the Senate decide for what it will convict.
And from the very nature of the wrongs for which impeachment is the sole adequate remedy, as well as from the fact that the office of President and all its duties and relations are new, it is essential that they should be undefined; otherwise there could be no security for the state.
But it does not by any means follow that therefore either the House or the Senate can act arbitrarily, or that there are not rules for the guidance of their conduct. There was no need of definition, for it was left to the House as exhibitors, and the Chief Justice and the Senate as judges of the articles, to apply well-understood terms, mutatis mutandis , to new circumstances, as the exigencies of state, and the ends for which the Constitution was established, should require.
The subject-matter was new; the President was a new officer of state; his duties, his relations to the various branches of government and to the people, his powers, his oath, functions, duties, responsibilities, were all new. In some respects, old customs and laws were a guide.
In others, there was neither precedent nor analogy. But the common-law principle was to be applied to the new matters according to their exigency, as the common law of contracts and of carriers is applied to carriage by steamboats and railroads, to corporations and expresses, which have come into existence centuries since the law was established. They are broad enough to cover all criminal misconduct of the President, — all acts of commission or omission forbidden by the Constitution and the laws.
Nor was, nor is, there any just reason why it should be restricted in this direction; for, in establishing a permanent national government, to insure purity and dignity, to secure the confidence of its own people and command the respect of foreign powers, it is not unfit that civil officers, and most especially the highest of all, the head of the people, should be answerable for personal demeanor.
The common law punished whatever acts were productive of disturbance to the public peace, or tended to incite to the commission of crime, or to injure the health or morals of the people, — such as profanity, drunkenness, challenging to fight, soliciting to the commission of crime, carrying infection through the streets, — an endless variety of offences.
Lawrence, Kansas: University Press of Kansas, Les Benedict, Michael. The Impeachment and Trial of Andrew Johnson. New York: W. The Federalist Papers.
New York: Penguin Books, Melton, Buckner F. Macon, Georgia: Mercer University Press, Rehnquist, William H. New York: Harper Perennial, House of Representatives, 93rd Cong. Storing, Herbert J. The Complete Anti-Federalist. Chicago: University of Chicago Press, Sullivan, John. Washington, D. Thomas, David Y. Featured Search Historical Highlights of the House. Learn about Foreign Leader Addresses. Featured Search the People of the House. Majority Leaders.
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