Quote (krackprophet @ Jan 19 2020 07:43am)
Please point me to the part in the constitution where it says anything even close to that.
Impeachment in the United States is the process by which a legislature (usually in the form of the lower house) brings charges against a civil officer of government for crimes alleged to have been committed, analogous to the bringing of an indictment by a grand jury. Impeachment may occur at the federal level or the state level. The federal House of Representatives can impeach federal officials, including the president, and each state's legislature can impeach state officials, including the governor, in accordance with their respective federal or state constitution.
Most impeachments have concerned alleged crimes committed while in office, though there have been a few cases in which officials have been impeached and subsequently convicted for crimes committed prior to taking office.[1] The impeached official remains in office until a trial is held. That trial, and removal from office if convicted, is separate from the act of impeachment itself.
In impeachment proceedings, the defendant does not risk forfeiture of life, liberty, or property. According to the Constitution, the only penalties allowed to be imposed by the Senate are removal from office and disqualification from holding any federal office in the future.
Article I, Section 3, Clauses 6 and 7 provide:
The Senate shall have the sole Power to
try all Impeachments. When sitting for that Purpose,
they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.
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; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Procedure
At the federal level, the impeachment process is a three-step procedure.[21]
First, the Congress investigates. This investigation typically begins in the House Judiciary Committee, but may begin elsewhere. For example, the Nixon impeachment inquiry began in the Senate Judiciary Committee. The facts that led to impeachment of Bill Clinton were first discovered in the course of an investigation by Independent Counsel Kenneth Starr.
Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached."
Third, the Senate tries the accused. In the case of the impeachment of a president, the Chief Justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the President of the Senate, who is also the Vice President of the United States.
Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. The result of
conviction is removal from office.[citation needed]
This post was edited by theCrossbones on Jan 19 2020 09:55am