LS500LS500Unit 3 SeminarUnit 3 Seminar

Professor Michele WolfProfessor Michele Wolf

Welcome!Welcome!

Contact Info:Contact Info:

Email: Email: Mwolf2@kaplan.eduMwolf2@kaplan.edu

Office Hours: Sun 7-8 PM & Sat 10-11 Office Hours: Sun 7-8 PM & Sat 10-11 AMAM

The Impeachment ProcessThe Impeachment Process

Q. What is Q. What is impeachment?impeachment?

AA. It is a process, . It is a process, authorized by the authorized by the Constitution, to bring Constitution, to bring charges against certain charges against certain officials of the federal officials of the federal government for government for misconduct while in misconduct while in office.office.

Q. Who are these Q. Who are these officials?officials?

A.A. Article 2, Section 4, specifies that Article 2, Section 4, specifies that "The President, Vice President and all "The President, Vice President and all civil officers of the United States, shall civil officers of the United States, shall be removed from office on be removed from office on impeachment for, and conviction of, impeachment for, and conviction of, treason, bribery, or other high crimes treason, bribery, or other high crimes and misdemeanors." These "civil and misdemeanors." These "civil officers" include federal judges and officers" include federal judges and cabinet members, but do not include cabinet members, but do not include Senators and Representatives, (the Senators and Representatives, (the Senate and House deal with Senate and House deal with misconduct by their own members).misconduct by their own members).

Q. What is the role of the House of Q. What is the role of the House of Representatives in impeachment under the Representatives in impeachment under the

Constitution?Constitution?

n AA. Article 1, Section 2, of the . Article 1, Section 2, of the Constitution specifies that "the Constitution specifies that "the House of Representatives...shall have House of Representatives...shall have the sole power of impeachment." the sole power of impeachment." This means that it has the power to This means that it has the power to bring charges against an official.bring charges against an official.

Q. What is the Senate's role Q. What is the Senate's role under the Constitution?under the Constitution?

A.A. Once impeached, high officials are tried Once impeached, high officials are tried by the Senate. Article 1, Section 3, by the Senate. Article 1, Section 3, specifies, "The Senate shall have the specifies, "The Senate shall have the sole power to try all impeachments. sole power to try all impeachments. When sitting for that purpose, they shall When sitting for that purpose, they shall be on oath or affirmation. When the be on oath or affirmation. When the President of the United States is tried, President of the United States is tried, the Chief Justice shall preside: And no the Chief Justice shall preside: And no person shall be convicted without the person shall be convicted without the concurrence of two thirds of the concurrence of two thirds of the members present."members present."

Q. What punishment does the Q. What punishment does the Constitution prescribe if the official is Constitution prescribe if the official is

convicted?convicted?

A.A. Article 1, Section 3, also specifies, "Judgment in Article 1, Section 3, also specifies, "Judgment in cases of impeachment shall not extend further cases of impeachment shall not extend further than to removal from office, and disqualification than to removal from office, and disqualification to hold and enjoy any office of honor, trust or to hold and enjoy any office of honor, trust or profit under the United States: but the party profit under the United States: but the party convicted shall nevertheless be liable and subject convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, to indictment, trial, judgment and punishment, according to law." according to law."

Q. What else does the Constitution say Q. What else does the Constitution say

about impeachment?about impeachment?

A.A. Article 2, Section 2, gives the Article 2, Section 2, gives the President the "Power to grant President the "Power to grant reprieves and pardons for offenses reprieves and pardons for offenses against the United States, except in against the United States, except in cases of impeachment." Article 3, cases of impeachment." Article 3, Section 2, says, "The trial of all Section 2, says, "The trial of all crimes, except in cases of crimes, except in cases of impeachment; shall be by jury..."impeachment; shall be by jury..."

Q. How many impeachment proceedings have there Q. How many impeachment proceedings have there

been in our history? How many involved a president?been in our history? How many involved a president?

AA. The serious nature of impeachment is reflected in the fact . The serious nature of impeachment is reflected in the fact that the House of Representatives has only moved seriously that the House of Representatives has only moved seriously to impeach 19 officials in the more than 200 years since the to impeach 19 officials in the more than 200 years since the Constitution was ratified, including three presidents, one Constitution was ratified, including three presidents, one cabinet member, one senator, and 13 judges. (The trial of cabinet member, one senator, and 13 judges. (The trial of the senator in 1797 resulted in the judgment that a United the senator in 1797 resulted in the judgment that a United States Senator is not subject to impeachment.) Only seven States Senator is not subject to impeachment.) Only seven of these officers were convicted by the Senate. A president of these officers were convicted by the Senate. A president has never been removed from office through the has never been removed from office through the impeachment process. Andrew Johnson, who was impeachment process. Andrew Johnson, who was impeached in 1868, was not convicted by the Senate (by a impeached in 1868, was not convicted by the Senate (by a margin of one vote) and Richard Nixon resigned before the margin of one vote) and Richard Nixon resigned before the House voted on the articles of impeachment recommended House voted on the articles of impeachment recommended by the Judiciary Committee. Clinton was impeached but by the Judiciary Committee. Clinton was impeached but convicted by the Senate.convicted by the Senate.

Q. How does the impeachment process reflect Q. How does the impeachment process reflect the role of checks and balances in our the role of checks and balances in our

constitutional system?constitutional system?

AA. In essence, impeachment reflects . In essence, impeachment reflects a check by the legislative branch on a check by the legislative branch on the executive and judicial branches. the executive and judicial branches. It provides a way for this branch to It provides a way for this branch to deal with serious misconduct by deal with serious misconduct by judges and by both elected and judges and by both elected and nonelected members of the nonelected members of the executive branch.executive branch.

Video Fun on the Separation of Video Fun on the Separation of PowersPowers

View the classic from SchoolHouse View the classic from SchoolHouse Rock:Rock:

http://www.youtube.com/watch?v=gLQhttp://www.youtube.com/watch?v=gLQg7G3hkGYg7G3hkGY

Presidential ImpeachmentsPresidential Impeachments

Andrew JohnsonAndrew Johnson Richard NixonRichard Nixon William ClintonWilliam Clinton

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term!term!