Impeachment
Impeachment is the process by which a legislative body formally levels charges against a high official of government. Impeachment does not necessarily mean removal from office; it comprises only a formal statement of charges, akin to an indictment in criminal law, and thus forms only the first step towards removal. Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, which then entails the removal of the individual from office.Because impeachment and conviction of officials involves an overturning of the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, usually only those deemed to have committed serious abuses of their office may suffer impeachment.
One tradition of impeachment has its origins in English law. The practice fell out of use in the 18th century. It exists under constitutional law in many nations around the world, including the United States, Russia, the Philippines and the Republic of Ireland.
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2 United States 3 Republic of Ireland 4 Other nations |
United Kingdom
In the United Kingdom, the House of Commons holds the power of impeachment. The charges are formed in "Articles of Impeachment," each article detailing a separate allegation. The House of Commons appoints managers, who act as prosecutors in the trial. The mover of the impeachment is commanded to go to the House of Lords and then declare that the defendant is impeached "in the name of the House of Commons, and all the Commons of the United Kingdom."
The House of Lords hears the case, with the Lord Chancellor (or the Lord High Steward if the accused is a peer) presiding. The hearing resembles an ordinary trial, as both sides may call witnesses and present evidence. At the end of the hearing, the Lord Chancellor puts the question on the first article to each member in order of seniority, commencing with the most junior peer, and ending with himself, and after all have voted, proceeds to deal with any remaining articles similarly. Upon being called, a Lord must rise and declare upon his honour, "Guilty" or "Not Guilty". After voting on all of the articles has taken place, and if The Lords find the defendant guilty, the Commons may move for judgment; the Lords may not declare the punishment until the Commons have so moved. The Lords may then provide whatever punishment they find fit, within the law. A Royal Pardon cannot be granted to excuse the defendant from trial, but a Pardon may reprieve a convicted defendant.
Parliament has held the power of impeachment since medićval times. Originally, the House of Lords held that impeachment could only apply to members of the peerage (nobles), as the nobility (the Lords) would try their own peers, while commoners ought to try their peers, other commoners, in a jury. However, in 1681, the Commons declared that they had the right to impeach whomsoever they pleased, and the Lords have respected such a resolution.
After the reign of Edward IV, impeachment fell into disuse, the bill of attainder becoming the preferred form of dealing with undesirable subjects of the Crown. However, during the reign of James I and thereafter, impeachments became more popular, as they did not require the assent of the Crown, while bills of attainder did, thus allowing Parliament to resist royal attempts to dominate Parliament. The procedure has, over time, fallen into disuse. The principles of "responsible government" require that the Prime Minister and other executive officers answer to Parliament, rather than to the Sovereign. Thus, if the Commons wished, they could easily cause the removal of such an officer without a long, drawn-out impeachment. The last two cases of impeachment dealt with Warren Hastings, Governor-General of India between 1789 and 1795, and Henry Dundas, 1st Viscount Melville, First Lord of the Admiralty, in 1806.
In the United States impeachment at the Federal level is reserved for those who may have committed "high crimes and misdemeanors". In the case of the President, Vice President, and other executive officers, removal takes place automatically upon conviction. Successful impeachment does not, however, automatically remove judges.
The federal procedure in the United States involves a vote for impeachment in the House of Representatives on Articles of Impeachment, as in the United Kingdom. Those voting in favour of impeachment may then vote to appoint managers. The hearing takes place in the Senate. In the case of the impeachment of a President, the Chief Justice of the United States Supreme Court presides over the proceedings. Otherwise, the Vice President, in his capacity of President of the Senate, or otherwise the President pro tempore of the Senate (Temporary President) presides.
The proceedings unfold, as in the United Kingdom, in the form of a trial, with each side having the right to call witnesses and perform cross-examinations. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence, as opposed to the British Lords, who vote upon their honour. The hearing requires a simple majority of the Senators as a quorum. After the hearing the deliberations take place in private. Conviction requires a two-thirds majority. The Senate may vote thereafter to punish the individual only by removing him from office, barring him from holding future office, or both. Alternatively, it may impose no punishment. But in the case of executive officers, removal follows automatically upon conviction. The defendant remains liable to criminal prosecution. The President may not in any case use his power of Pardon during impeachment, but may, as usual, pardon a defendant in the case of a criminal prosecution.
Congress regards impeachment as a power to use only in extreme cases; the House has initiated impeachment proceedings only sixty-two times since 1789. Only seventeen federal officers have been impeached:
Impeachment can also occur in the United States at the state level. State legislatures can impeach state officials, including governors. Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. The last impeachment of a governor resulted in the removal of Fife Symington as governor of Arizona in September 1997.
The only official who may be formally impeached in the Republic of Ireland is the President. Article 12 of the Constitution of Ireland provides that, unless judged to be "permanently incapacitated" by the Supreme Court, the President can only be removed from office by the houses of the Oireachtas (parliament) and only for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the President but only by a resolution approved by a majority of at least two-thirds of its total number of members, and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number.
Where one house impeaches the President, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the President if it decides, by at least a two-thirds majority of its members, that she is guilty of the charge of which she is accused, and that the charge is sufficiently serious as to warrant her removal. To date no President has ever been impeached. The office of President of Ireland is largely a ceremonial one, the dignity of which is considered important, so it is likely that a president would resign from office long before being formally convicted or impeached.
The Republic's constitution and law also provide that a judge may only be removed on the foot of a joint resolution of both houses of the Oireachtas. However. although often referred to as the 'impeachment' of a judge, this description is not strictly correct because the procedure does not technically involve impeachment.
United States
The impeachment trial of Bill Clinton (1999): William H. Rehnquist
presides. Beside the quarter-circular tables on the left are the House
managers; the President's personal counsel is seated on the right.
The impeachment of the Senator, William Blount, was overruled on the grounds that legislators did not qualify as civil officers of the United States. Of the remaining cases, two were dismissed before trial because the individuals had left office; seven ended in acquittal, and seven in conviction. Each of the seven Senate convictions has involved a federal judge.Republic of Ireland
Other nations