Talk:Impeachment

From dKosopedia

Jump to: navigation, search

Two issues: What's the support for for the statement that the Senate can bar someone impeached from holding future federal office upon majority vote? Seems like a pretty severe constraint on the populace's ability to choose its elected officials or on the President's ability to manage his departments.

Second, who presides if the VP is impeached? I don't believe the Constitution specifies. I understand that the Senate procedure says it's the Chief if the powers of the pres have devloved upon the VP, but what if they haven't? (What if Agnew was impeached?) Also, does the Senate really have the authority to designate a presiding officer other than the one constitutionally specified (albeit by implication)? I think the question is up in the air. Should the uncertainty be reflected in the entry, or is this matter (admittedly picayune, unless and until it becomes important) beyond the scope of the entry? --Apascover 15:24, 30 Jun 2004 (PDT)

I don't see any support for the former statement and have never heard such a thing. With respect to the second and third, I am inclined to believe that the Chief Justice does not preside (not expressly mentioned, concerns about President do not apply), but am also inclined to say that it probably doesn't bear mention as this is highly speculative. Ohwilleke 16:37, 30 Jun 2004 (MDT)

The statement about barring from future office comes from the ABA's website: "If convicted on any one article of impeachment, the official is immediately removed from office. If it chooses, the Senate may also vote to disqualify a convicted official from further service in any federal office. This additional step requires only a simple majority of those present." They don't provide a source for their statement. Clang 18:06, 1 Jul 2004 (PDT)
See also Article I of the Constitution: "Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States". Clang 18:17, 1 Jul 2004 (PDT)
And, just because I'm really bored, here's the actual text from the "Procedure and Guidelines for Impeachment Trials in the United States Senate":
Following the vote on each article, the Presiding Officer pronounces the decision. Once the judgment of the Senate has been pronounced on the articles of impeachment, the trial might progress in two ways. If the respondent was found not guilty on all charges, the verdict of acquittal was announced and the Senate sitting as a Court of Impeachment adjourned sine die. If the respondent was found guilty of any of the charges, the judgment of removal and possible disqualification from ever holding an office of trust or profit under the United States was presented.
That doc runs to over 100 pages and would probably answer any question anyone had on the subject. I'll add it to the list of links. Clang 18:47, 1 Jul 2004 (PDT)
Personal tools