Time: Sat Mar 15 16:57:48 1997 by primenet.com (8.8.5/8.8.5) with SMTP id NAA19361; Sat, 15 Mar 1997 13:43:32 -0700 (MST) Date: Sat, 15 Mar 1997 16:50:58 -0800 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: [jus-dare] Impeachment: Basics & Application (fwd) <snip> >*Jus Dare* >Impeachment: Basics & Application > > >Impeachment is merely the first step in the process of getting the >crooks out of office. It is spelled out in the Constitution of the >United States, and applies to the removal of the president, >vice-president, or other government official from office upon >conviction of "treason, bribery, or other high crimes and >misdemeanors." The House of Representatives has "the sole power of >impeachment." That means the power of bringing charges. > >The Senate has "the sole power to try all impeachments." After the >House has impeached the crook, a two-thirds vote is required in the >Senate for conviction. Not much of anything happens simply because of >the impeachment itself -- but *nothing* happens without it. > >When the president is to be tried, the chief justice -- in >this case, another prime candidate for impeachment himself, Renquist >-- presides. Conviction in an impeachment proceeding results in >removal from office and disqualification to hold "any office of >honor, trust, or profit under the United States." No other penalty is >the result of impeachment. > >However, a person convicted in an impeachment is subject to further >"indictment, trial, judgment, and punishment according to Law." >Whether the impeached evildoer hangs is not a consideration in the >impeachment and removal process. It was intentionally designed that >way so that the weak of heart would have no excuse for trying to stop >an impeachment, based on "considerations of mercy," or "moral or >ethical uncertainty about the punishment." > >The founders recognized that officers thought to be guilty of >significant misconduct should be tried and removed. They did not want >the procedure to be too easy, nor the penalty too quickly applied, so >they made it a requirement for a two-thirds vote for conviction in the >Senate, and stipulated that impeachment could only be possible for >"treason, bribery, and other high crimes and misdemeandors." > >George Mason suggested that "maladministration" be included as a >ground for impeachment, but both James Madison and Gouverneur Morris >objected that the result would be that tenure in office would be at >the pleasure of the Senate. God forbid. As weak as impeachment may >seem, it is in fact a good protection for the people that the >"representation" we send to Congress do not have more power. They >would most likely abuse it. > >Currently, the discussion is applied to president Clinton and vp Gore. >By their own admissions, they have more than satisfied the conditions >for impeachment. The only other president impeached was Andrew >Johnson. Nixon had impeachment proceedings initiated against him, but >of course he resigned his office, effectively fulfilling his own >sentence. (Remember, impeachment and Senate trial are merely the tools >to get, and keep, the person out of office.) > >More to the point of the *Jus Dare* list, Supreme Court Justice Samuel >Chase was impeached in the early 1800s, but his acquittal in 1805 >effectively halted the use of impeachment to remove judges for what >has been called "merely political reasons," but can be more broadly >applied to their inability to make sound *legal* decisions. > >The only impeachment trials for justices in this era have been for >"extra-judicial" crimes and then only under the most extreme >circumstances. The awkward and snail-paced process of impeachment is >considered unsuited to the removal of a "merely" corrupt judge. >Nevertheless, the Constitution specifies that judges hold office >"during good behavior," so impeachment remains the only means by which >a federal judge may be removed, and the only formal means of wrist >slapping. In other words, impeachment is the only way to "send a >message" that their behavior is *not* good. So we, the people, need >to apply a lot of pressure to initiate that process against the >perverts in the Spider Court, as well as the perverse president and >vp. A furious populous will inspire even the most inanimate and >equally corrupt Congress to act. > >There is a lot of discussion about the motives and effectiveness of >impeachment. There has also been discussion about the Spider Court's >potential for usurping authority in impeachment cases. It seems >pretty logical to conclude, however, that our Spider Court will cower >if two-thirds of the Senate has voted to convict. After all, they have >proven themselves repeatedly to be pawns, opining to find grace among >the powers in the fed. > >Dave Delany > >--------------------------------------------------- >"Let My People Go!" > >---------------------------------------------------------------------- > *JUS DARE* > c/o Dave Delany's Freedom House > PO Box 212 Conklin NY 13748 > ======== > Sponsored by Mike Goldman and By.Net (http://Names.By.Net) > ======== > Perversion of the U.S. Supreme Court > *Jus Dare* means "to give or to make the law." > > To subscribe or unsubscribe to *Jus Dare*, send a message to > jus-dare-request@freedom.by.net > In the BODY, put the text "ADD" or "DELETE" respectively. > > ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
Return to Table of Contents for
Supreme Law School: E-mail