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-   -   How does a president get impeached? (http://www.politicalchat.org/showthread.php?t=11532)

JCricket 03-06-2017 04:27 PM

How does a president get impeached?
 
This is an excellent and fairly quick read

http://www.crf-usa.org/impeachment/h...demeanors.html


The president can be impeached for treason, bribery, or other high crimes and misdemeanors

An excerpt
The convention adopted “high crimes and misdemeanors” with little discussion. Most of the framers knew the phrase well. Since 1386, the English parliament had used “high crimes and misdemeanors” as one of the grounds to impeach officials of the crown. Officials accused of “high crimes and misdemeanors” were accused of offenses as varied as misappropriating government funds, appointing unfit subordinates, not prosecuting cases, not spending money allocated by Parliament, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, losing a ship by neglecting to moor it, helping “suppress petitions to the King to call a Parliament,” granting warrants without cause, and bribery. Some of these charges were crimes. Others were not. The one common denominator in all these accusations was that the official had somehow abused the power of his office and was unfit to serve.

After the Constitutional Convention, the Constitution had to be ratified by the states. Alexander Hamilton, James Madison, and John Jay wrote a series of essays, known as the Federalist Papers, urging support of the Constitution. In Federalist No. 65, Hamilton explained impeachment. He defined impeachable offenses as “those offences which proceed from the misconduct of public men, or in other words from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.”


Later in the article it quotes President ford as saying the Senate can impeach the the individual for any reason it see fit. Obviously there would have to be a reason, but the senat has the sole authority to do so as it sees fit.

I just thought this was interesting enough with our squawking POTUS to post.
My opinion of Trump. "The only reason I think he is smarter than a rock is because he can grow hair."

d-ray657 03-06-2017 05:14 PM

Quote:

Originally Posted by JCricket (Post 349841)
This is an excellent and fairly quick read

http://www.crf-usa.org/impeachment/h...demeanors.html



Later in the article it quotes President ford as saying the Senate can impeach the the individual for any reason it see fit. Obviously there would have to be a reason, but the senat has the sole authority to do so as it sees fit.

I just thought this was interesting enough with our squawking POTUS to post.
My opinion of Trump. "The only reason I think he is smarter than a rock is because he can grow hair."

Only the House of Representatives can impeach a President. If a majority of that body votes to impeach, then it is the Senate's job to try the case and either convict of acquit. It takes a simple majority to impeach, but a two-thirds majority to convict.

JCricket 03-06-2017 05:31 PM

thanks for the correction

donquixote99 03-06-2017 05:48 PM

I think 'infamously lying and purposefully attempting to destroy the public's ability to discern the truth while President' certainly meets the abuse of public trust criteria. Such conduct clearly constitutes 'an injury done to society itself.'

JCricket 03-06-2017 06:28 PM

Quote:

Originally Posted by donquixote99 (Post 349846)
I think 'infamouly lying and purposefully attempting to destroy the public's ability to discern the truth while President' certainly meets the abuse of public trust criteria. Such conduct clearly constitutes 'an injury done to society itself.'

I am not sure if does or not. Even so, it will take a unified government or a change to the dems having the majority before something like this will force a removal. I do think it is just a matter of time until he puts his foot in his mouth to where the public will cry foul. At that point his support from the GOP will wane an he will be in trouble. Until then, he would have to do something pretty stupid to get axed.

donquixote99 03-06-2017 06:37 PM

Oh, I wasn't commenting on the possibility of the current congress using the rationale i outlined. I just think it is sound, that it's fully in line with the ideas you shared in your OP.

JCricket 03-06-2017 08:30 PM

Quote:

Originally Posted by donquixote99 (Post 349850)
Oh, I wasn't commenting on the possibility of the current congress using the rationale i outlined. I just think it is sound, that it's fully in line with the ideas you shared in your OP.

agreed

icenine 03-06-2017 08:48 PM

I see the 25th Amendment as more of a possibility if Trump keeps lying about everything and shows a an inability to competently run the United States executive branch.

From Wikipedia quoting the 25th Amendment of the Constitution:

Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

donquixote99 03-06-2017 10:27 PM

The 25th contemplates different criteria for use, but is actually harder to implement than impeachment. First you need the VP and a majority of the cabinet in favor to get it started. Then, if the president contests it, you will need 2/3 of the House and 2/3 of the Senate to make it stick.

Impeachment: no VP or cabinet role, and only simple majority of the House to get it started.

merrylander 03-07-2017 07:50 AM

And Pence with his 19th century attitude about women would be no prize.


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