Our Government: Local, State, and National: Idaho Edition by J.A. James
page 69 of 263 (26%)
page 69 of 263 (26%)
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Section 3, Clause 7. _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._ There have been but seven impeachment trials in the history of our government. Section 4 of Article II declares who may be impeached. The expression "civil officer" does not include military and naval officers. They are subject to trial by court-martial. Members of Congress may not be impeached, since the Constitution authorizes each house to bring to trial and punish its own members. Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, Article I, give the method of procedure against an officer who may be charged with "treason, bribery, or other high crimes and misdemeanors." The articles of impeachment preferred by the House of Representatives correspond to the indictment in a criminal trial. The manner of conducting an impeachment trial, in the Senate, resembles also a trial by jury.[19] That the "Chief Justice shall preside" during the trial of the President of the United States is a wise provision, because it is easy to presume that a Vice-President might be personally interested in the conviction of a President. [Footnote 19: See "Government in State and Nation," p. 159.] II. THE QUORUM, JOURNAL, AND FREEDOM OF SPEECH. Determination of Membership and Quorums.--Section 5, Clause 1. _Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall |
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