|
Excerpt from an article posted on wikipedia.org
http://en.wikipedia.org/wiki/Impeachment
Main article: Impeachment in the United States;
Similar to the British system, Article One of the United States Constitution
gives the House of Representatives the sole power of impeachment and the
Senate the sole power to try impeachments. Unlike the British system,
impeachment is only the first of two stages, and conviction requires a
two-thirds vote. Impeachment does not necessarily result in removal from
office; it is only a legal statement of charges, parallel to an indictment
in criminal law. An official who is impeached faces a second legislative
vote (whether by the same body or another), which determines conviction,
or failure to convict, on the charges embodied by the impeachment. Most
constitutions require a supermajority to convict. Although the subject
of the charge is criminal action, it does not constitute a criminal trial;
the only question under consideration is the removal of the individual
from office, and the possibility of a subsequent vote preventing the removed
official from ever again holding political office in the jurisdiction
where he was removed. Impeachment with respect to political office should
not be confused with witness impeachment.
Impeachable offenses
In the United States, impeachment can occur both at the federal and state
level. The Constitution defines impeachment at the federal level and limits
impeachment to "The President, Vice President, and all civil officers
of the United States" who may only be impeached and removed for "treason,
bribery, or other high crimes and misdemeanors". Several commentators
have suggested that Congress alone may decide for itself what constitutes
an impeachable offense In 1970, then-House Minority Leader Gerald R. Ford
defined the criterion as he saw it: "An impeachable offense is whatever
a majority of the House of Representatives considers it to be at a given
moment in history."[4] Four years later, Ford would become president
when President Richard Nixon resigned under the threat of impeachment.
Article III of the Constitution states that judges remain in office "during
good behaviour", implying that Congress may remove a judge for bad
behavior via impeachment. The House has impeached 14 federal judges and
the Senate has convicted six of them.
Officials subject to impeachment
The central question regarding the Constitutional dispute about the impeachment
of members of the legislature is whether members of Congress are officers
of the United States. The Constitution grants the House the power to impeach
"The President, the Vice President, and all civil Officers of the
United States." [3] It has been suggested that members of Congress
are not officers of the United States.[5] Others, however, believe that
members are civil officers and are subject to impeachment.[citation needed]
The House of Representatives did impeach a senator once:[6] Senator William
Blount, in 1798. The Senate expelled Senator Blount and, after initially
hearing his impeachment, dismissed the charges for lack of jurisdiction.[7]
Left unsettled was the question whether members of Congress were civil
officers of the United States. The House has not impeached a Member of
Congress since Blount. As each House has the authority to expel its own
members without involving the other chamber, expulsion has been the method
used for removing Members of Congress.
Jefferson's Manual, which is integral to the Rules of the House of Representatives,[8]
states that impeachment is set in motion by charges made on the floor,
charges preferred by a memorial, a member's resolution referred to a committee,
a message from the president, charges transmitted from the legislature
of a state or territory or from a grand jury, or from facts developed
and reported by an investigating committee of the House. It further states
that a proposition to impeach is a question of high privilege in the House
and at once supersedes business otherwise in order under the rules governing
the order of business.
Process
The impeachment process is a two-step procedure. The House of Representatives
must first pass by a simple majority articles of impeachment, which constitute
the formal allegation or allegations. Upon their passage, the defendant
has been "impeached". Next, 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. This may
include the impeachment of the vice president, although legal theories
suggest that allowing a defendant to be the judge in his own case would
be a blatant conflict of interest. If the Vice President did not preside
over an impeachment (of anyone besides the President), the duties would
fall to the President pro tempore of the Senate.
To convict the accused, a two-thirds majority of the senators present
is required. Conviction automatically removes the defendant from office.
Following conviction, the Senate may vote to further punish the individual
by barring him from holding future federal office, elected or appointed.
Conviction by the Senate does not bar criminal prosecution. Even after
an accused has left office, it is possible to impeach to disqualify the
person from future office or from certain emoluments of his prior office
(such as a pension). If there is no charge for which a two-thirds majority
of the senators present vote "guilty", the defendant is acquitted
and no punishment is imposed.
History of Federal Impeachment Proceedings in the United States
Congress regards impeachment as a power to be used only in extreme cases;
the House has initiated impeachment proceedings only 64 times since 1789
(most recently against Judge Thomas Porteous of the United States District
Court for the Eastern District of Louisiana), and only the following 19
federal officials have been under threat of impeachment by congress (and
some of them have been impeached):
· Two presidents:
1) Andrew Johnson, Democrat, was impeached in 1868 after violating
the then-newly created Tenure of Office Act. President Johnson was acquitted
by the Senate, falling one vote short of the necessary 2/3 needed to remove
him from office, voting 35-19 to remove him. The Tenure of Office Act
would later be found unconstitutional by the Supreme Court of the United
States in dicta.
2) Bill Clinton, Democrat, was impeached on December 19, 1998,
by the House of Representatives on articles charging perjury (specifically,
lying to a federal grand jury) by a 228-206 vote, and obstruction of justice
by a 221-212 vote. The House rejected other articles. One was a count
of perjury in a civil deposition in Paula Jones's sexual harassment lawsuit
against Clinton (by a 205-229 vote) and an article which accused Clinton
of abuse of power by a 48-285 vote. President Clinton was acquitted by
the Senate on February 12, 1999. The Senate vote fell short of the necessary
2/3 needed to remove him from office, voting 45-55 to remove him on obstruction
of justice and 50-50 on perjury.
http://en.wikipedia.org/wiki/Impeachment
It is the goals and intentions of the writers and creators of this
Internet web site to facilitate and otherwise bring about the impeachment
of Barack Hussein Obama, and to further bring criminal charges as listed
and indicated below against Barack Obama and also against those individuals
also listed here. This list is not all conclusive and potential charges
of treason or other criminal charges should not be considered as limited
strictly to those individuals included in this list.
Articles of Impeachment:
Barrack Hussein Obama
(And charges of criminal offenses and activities)
1. Conspiracy and intent
to defraud; RE:
General Motors, Chrysler Corporation, and the American Auto industry,
UAW Autoworkers unions.
2. Racketeering: Un-Constitutional and Illegal seizure of private
property; RE: General Motors, Chrysler Corporation.
3. Racketeering and Conspiracy to Defraud: RE: Healthcare; Willful
and intentional overthrow and attempt to destroy American private insurance
and health care industry. Conspiracy to defraud the American people, RE:
SEIU and union leader Andy Stern.
4. Racketeering, Fraud, Un-Constitutional and Illegal seizure of private
property. RE: Gulf oil wells, Private Oil industry assets, RE: PetroBrazil,
George Soros investments. RE: Obama administration ban/moratorium on Gulf
oil drilling, Forced closure of existing American owned oil company assets
located in the Gulf of Mexico. Financial contributions to Petro-Brazil.
5. Derelictions of duty, failures to secure the US - Mexican border.
RE: Illegal immigration.
6. Interfering with a Sovereign state and the states rights to self-defense
of its citizens. RE: State of Arizona, And Arizona law to enforce
immigration and the states right and obligations to defend it population
against violent illegal drug smugglers.
7. Obstruction of Justice: Deliberate and willful attempt to impede
and obstruct the duties of sovereign states dully-elected law enforcement
official from enforcing both state and federal immigration laws. RE: Arizona
County Sheriff Joe Arpaio.
8. Interferring
with the sovereignty of the State of Arizona:
RE: The Obama administration's state department reporting of Arizona's
immigration law to the United Nations for alleged "human rights violations",
an entity which has no juristiction or authority over the States or over
this Country.
9. Dereliction of duty and failure to carryout the duties of his office
of President of The United States of America, failure to comply with the
oath of office under the Constitution of the United States: RE: Failure
to provide a stabile form of currency; Excessive deficit spending and
deliberate attempt to devalue the American currency system. RE: Cloward
and Piven plan to destroy the American economy, "Overwhelm the system".
10. Attempt to destroy American Economy and private industry: RE:
CAP & TRADE and Climate Change legislation. RE: EPA rules and legislation
regulating industry.
11. Conspiracy to overthrow the Constitution and Sovereignty of the
United States of America. RE: Obama administrations planed attempt
to redistribute the wealth and sovereignty of the Nation through the United
Nations. RE: CAP & TRADE and Climate Control legislation.
12. Endangering American Defense and security and the defense and
security of America's closest ally: RE: Obama Administration recent
actions in regards to Israel and his Anti-Semitic positions towards Israel.
13. Endangering American Military personal while serving in harms
way in Afganistan: RE: Obama's failure to make timely and expedient
decisions regarding troop levels increases requested by Military commanders.
14. Treason: RE: Items 6, 8, 9, 10, 11. All of these grievances
occurring during a time when the United States is at war against terrorists.
15. Treason, and Conspiracy
to commit treason. RE: Attempts and planed legislation to regulate
free speach and free commerce over the Internet. RE: Cass Sunstein regulations
regarding the Internet.
Defendant; Barrack Hussein Obama, President of the United States
of America.
Co-defendants and co-conspirators;
Representative Nancy Pelosi, California, Chairmen of the Congressional
House of Representatives.
Senator Harry Reid, Navada, Chairman of the Senate.
Representative Barney Frank, Massachusetts, Chairman of the house financial
Services committee.
Andy Stern; Former President of SEIU.
Valerie Jarrett, Advisor to President Obama.
George Soros, Hungarian-American currency speculator, stock investor and
polital contributor. Reported to hold extensive stock assets in Petro-Brazil.
Cass Sunstein, Advisor to President Obama, Administrator of the White
House Office of information and Regulatory Affairs under the Obama administration.
Al Gore, Former Vice-President of the United States.
Hillary Clinton: Secretary of State under the Obama administration.
This list of individuals is not and should not be considered as complete,
and the list of individuals who may be indicted under various criminal
charges should not be considered limited to those listed here.
|