As the
process of Impeachment proceedings, which seems likely, we should understand what is this
drastic step that was initiated to only three Presidents during the entire
history of the United States.
In all these cases the process was not approved
by the Senate. A fourth President, Nixon, resigned before the House acted.
Consider the
House of Representatives as a “Grand Jury” in the process. If a simple majority
considers that there is merit in the charge it can vote to approve impeaching
the defendant who does not have to be a President. Thus, Impeachment is in
effect an INDICTMENT which is then sent to the Senate that acts in a role of a
Court as both Jury and Judge.
The Senate
needs a 2/3rd Majority to “convict” the individual. As you can
imagine that may be impossible if even a simple majority of members belong to
the subject’s party. Even if the majority of Senate members are of the “opposition
party there must be enough other members to join in to reach that 2/3rds
majority.
It should be
obvious that Trump could be “Impeached” by the House, but found “Not Guilty” by
the Senate.
From an opinion article of interest.
From an opinion article of interest.
The Constitution says “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."
But what does “shall” mean? Is
there wiggle room on that? Typically the Senate has taken one vote to impeach
someone and remove that person from office, but a second vote to disqualify
them from further office, says Josh Chafetz, a constitutional law professor at
Cornell University. “There have been 8 impeachment convictions in American
history (all of them have been of federal judges), and of the 8, only 3 were
disqualified from future officeholding,” he said in an email.
Remember this above all else:
Because no president has ever been removed from office through impeachment, we
don’t know for certain what would happen.