The Presidency

Impeachment & Succession

Lesson Objectives

• Identify the Constitutional amendments that address presidential succession

• Explain the process of impeachment

• Distinguish the roles of the two houses of the US Congress in the impeachment process

Question #1

Which of the following Presidents was never elected to an executive office?

a. Andrew Johnson

b. Gerald Ford

c. John Tyler

d. William H. Taft

The Constitution and Executive Power

• Where is the first reference to executive power?– Article 1 section 2

• When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such vacancies

• Where is the first reference to the President of the United States?– Article 1 section 3

• Impeachment trials: “When the President of the United States is tried, the Chief Justice shall preside…”

• What do these references tell us about the President and Congress?

Impeachment• Formal accusation by the legislative

branch– Not removal from office– Not limited to presidents– Any federal officer may be impeached

• House of Representatives has sole power of impeachment

– Implies a simple majority of House to impeach

• Senate tries all impeachments– No person shall be convicted without

the concurrence of two-thirds of the members present

• Two presidents have been impeached– Andrew Johnson– William J. Clinton

• A third was almost impeached– Richard M. Nixon

• No president has been convicted

House Vote50%+1 Yes to impeach

Senate Vote2/3 Yes to convict

Question #2

• What is impeachment?a. Removal of the President of the United

States by Congress after a trial in the Senate

b. A political trial of executive officers by the Congress

c. Removal of an executive or judicial officer by the legislative branch after a trial

d. A formal accusation by the legislative branch against an executive or judicial officer

Question #3

• What are the grounds for impeachment as stated in the Constitution? a. treason, bribery, or other high crimes and

misdemeanors

b. treason and bribery

c. treason, bribery, and other high crimes and misdemeanors

d. malfeasance, misfeasance, and nonfeasance

Question #4

Which of the following Presidents have been impeached?a. Nixon and Clinton

b. Johnson and Clinton

c. Johnson and Nixon

d. None. No President has yet been impeached

Succession

• A plurality of amendments address filling the office of President– Amendment XII

• Modifies the Electoral College ballot• Separate EC Ballots for PotUS and VPotUS

– Amendment XX• “Lame Duck” amendment• End of term changed from March to January• Presidential succession in case of death or failure to qualify

– Amendment XXII• “Truman” amendment• Two-term limit• Two-years acting president= 1 term

– Amendment XXIII• Presidential electors for District of Columbia

– Amendment XXIV• Acknowledgement of primary elections• Prohibition of poll taxes

– Amendment XXV• Presidential succession in case of removal or resignation• Vice Presidential succession in case of vacancy• “Acting president” in case of temporary presidential disability

Question #5

What is the maximum possible tenure of a President of the United States?

a. four years

b. ten years

c. nine years, 364 days

d. eight years

Question #6

What change in presidential election and succession was made by the ratification of Amendment 12?

a. Electors each cast two ballots for president

b. The Constitution formally recognizes the primary election system

c. Electors cast two ballots: one for president, one for vice-president

d. The Presidential term ends in January instead of March

Question #7

• A state law requiring citizens to pay a fee in order either to register to vote or cast a ballot is

a. a ballot fee, which is prohibited under the 24th Amendment

b. a poll tax, which is prohibited under the 24th Amendment

c. a ballot fee, which is protected under the 24th Amendment

d. a poll tax, which is protected under the 24th Amendment

Question #8

Amendments 12, 20, 22, and 25 primarily address

a. Limits on presidential power

b. Mode of election of the President

c. Removal of the President

d. Presidential succession

Question #9

• Which role would you rather have?a) Rank and file House member co-sponsoring

impeachment articles

b) Speaker of the House, presenting articles of impeachment to the Senate

c) Senator from the President’s party in an impeachment trial

d) Vice-president of the United States during an impeachment trial of the President

e) The President during an impeachment trial