"Ronald Helm" <[EMAIL PROTECTED]> writes: > WASHINGTON (AP) -- Now that many people in the capital > are talking about impeachment in the investigation of > President Clinton, it is time to try to understand how > this rarely used procedure works. > > The Constitution is clear on two points: The House has > the sole power to vote impeachment, and the process then > moves to the Senate for trial -- something that has > happened only 14 times in U.S. history. > > Beyond those jurisdictional questions, impeachment gets > a little murkier. > > Here, in question-and-answer form, is a primer on how > the process works. The answers come from a Congressional > Research Service study of impeachment. > > Q. What is impeachment? > > A. An impeachment is a formal accusation of wrongdoing, > like an indictment. Conviction can only occur at a > Senate trial. In the case of Richard M. Nixon, the House > Judiciary Committee voted articles of impeachment > against the president, but he resigned before they were > acted on by the full House. > > Q. Who can be impeached? > > A. The answer is not as simple as it might seem. The > Constitution says that ``The President, Vice President > and all civil Officers of the United States'' are > subject to impeachment. Civil officers are recognized as > officials of the executive and judicial branches. But > the first official impeached and brought to trial in the > Senate was Sen. William Blount of Tennessee. He was > acquitted on the ground that members of Congress are not > subject to impeachment. > > Q. By what margin must the House vote articles of > impeachment? > > A. A simple majority is enough. > > Q. What about the Senate? > > A. It would take two-thirds majority of those voting to > convict. > > Q. What are the grounds for impeachment? > > A. The Constitution says ``Treason, Bribery, or other > high Crimes and Misdemeanors.'' The first two are > self-explanatory. The last is a catchall that can cover > everything from covering up a political burglary to > lying about your sex life. > > Q. What happens to most impeachment resolutions? > > A. Nothing. They are referred to the House Judiciary > Committee and never heard about again. Impeachment > resolutions were filed against President Reagan in 1983 > and 1987 and against President Bush in 1991. They also > were filed against Presidents Hoover and Truman and > against Andrew Young when he was U.S. ambassador to the > United Nations. > > Q. What would be the basis for any House inquiry into > the possible impeachment of President Clinton? > > A. Undoubtedly, a report by special counsel Kenneth > Starr. Under the Independent Counsel Act, Starr must > ``advise the House of Representatives of any substantial > and credible information which such independent counsel > receives, in carrying out the independent counsel's > responsibilities that may constitute grounds for an > impeachment.'' But regardless of what Starr might or > might not recommend, the decision on whether to proceed > with impeachment would rest solely with the House. > > Q. Is impeachment the only way to bring legal action > against a sitting president? > > A. There is no definitive answer to that question. The > courts have never ruled on whether a president could be > prosecuted for a crime while in office. In a speech to > the Constitutional Convention, Alexander Hamilton said > the president could be impeached and removed from office > and ``he may afterwards by tried and punished in the > ordinary course of the law.'' > > Q. What punishment is called for when a president is > convicted in an impeachment trial? > > A. Removal from office and disqualification to hold any > other federal office. > > Q. Does that end the matter? > > A. No. After removal from office, a person could be > indicted and tried in the criminal courts. Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
