On what day is the election for members of the body with the sole power of impeachment?
Tuesday, November 6, 2018
Title: Impeachment in the United States
Passage: Impeachment in the United States is an enumerated power of the legislature that allows formal charges to be brought against a civil officer of government for crimes alleged to have been committed. Most impeachments have concerned alleged crimes committed while in office, though there have been a few cases in which Congress has impeached and convicted officials partly for prior crimes. The actual trial on such charges, and subsequent removal of an official upon conviction, is separate from the act of impeachment itself. Impeachment proceedings have been initiated against several presidents of the United States. Andrew Johnson and Bill Clinton are the only two presidents to have been successfully impeached by the House of Representatives, and both were later acquitted by the Senate. The impeachment process against Richard Nixon was never completed, as Nixon resigned his office before the vote of the full House for impeachment, but such a vote was widely expected to pass, and the threat of it and a subsequent conviction in the Senate was the impetus for Nixon's departure. To date, no president has been removed from office by impeachment and conviction. The impeached official continues in office until conviction.
Title: Pardon
Passage: In the United States, the pardon power for offences against the United States is granted to the President of the United States under Article II, Section 2 of the United States Constitution which states that the President ``shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment ''. The U.S. Supreme Court has interpreted this language to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites, and amnesties.
Title: Impeachment in the United States
Passage: At the federal level, Article Two of the United States Constitution states in Section 4 that ``The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and conviction of, Treason, Bribery, or other High Crimes and Misdemeanors. ''The House of Representatives has the sole power of impeaching, while the United States Senate has the sole power to try all impeachments. The removal of impeached officials is automatic upon conviction in the Senate. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary can not review such proceedings.
Title: 2018 United States elections
Passage: 2018 elections in the United States will be held on Tuesday, November 6, 2018, except for certain special elections. All these races, regardless if it is for a federal, state, or local office, are being administered by the individual state and local governments instead of at the national or federal level. These midterm elections will take place in the middle of Republican President Donald Trump's first term. All 435 seats in the United States House of Representatives and 35 of the 100 seats in the United States Senate will be contested. In addition, 39 state and territorial governorships as well as numerous other state and local elections will also be contested.
Title: United States Senate
Passage: The House of Representatives has impeached sixteen officials, of whom seven were convicted. (One resigned before the Senate could complete the trial.) Only two presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.
Title: Impeachment
Passage: Similar to the British system, Article One of the United States Constitution gives the House of Representatives the sole power of impeachment and the Senate the sole power to try impeachments of officers of the U.S. national government. (Various state constitutions include similar measures, allowing the state legislature to impeach the governor or other officials of the state government.) In contrast to the British system, in the United States impeachment is only the first of two stages, and conviction during the second stage requires a two - thirds majority vote. Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict. Although the subject of the charge is criminal action, it does not constitute a criminal trial; the only question under consideration is the removal of the individual from office, and the possibility of a subsequent vote preventing the removed official from ever again holding political office in the jurisdiction where he or she was removed. Impeachment with respect to political office should not be confused with witness impeachment.
Title: United States Senate
Passage: The Senate also has a role in ratifying treaties. The Constitution provides that the president may only "make Treaties, provided two thirds of the senators present concur" in order to benefit from the Senate's advice and consent and give each state an equal vote in the process. However, not all international agreements are considered treaties under US domestic law, even if they are considered treaties under international law. Congress has passed laws authorizing the president to conclude executive agreements without action by the Senate. Similarly, the president may make congressional-executive agreements with the approval of a simple majority in each House of Congress, rather than a two-thirds majority in the Senate. Neither executive agreements nor congressional-executive agreements are mentioned in the Constitution, leading some scholars such as Laurence Tribe and John Yoo to suggest that they unconstitutionally circumvent the treaty-ratification process. However, courts have upheld the validity of such agreements.The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. If the sitting president of the United States is being tried, the chief justice of the United States presides over the trial. During an impeachment trial, senators are constitutionally required to sit on oath or affirmation. Conviction requires a two-thirds majority of the senators present. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.
Title: Law of the United States
Passage: Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of the federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States, by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution, thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent; this power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide "cases or controversies" necessarily includes the power to decide the precedential effect of those cases and controversies.
Title: Greece
Passage: According to the Constitution, executive power is exercised by the President of the Republic and the Government. From the Constitutional amendment of 1986 the President's duties were curtailed to a significant extent, and they are now largely ceremonial; most political power thus lies in the hands of the Prime Minister. The position of Prime Minister, Greece's head of government, belongs to the current leader of the political party that can obtain a vote of confidence by the Parliament. The President of the Republic formally appoints the Prime Minister and, on his recommendation, appoints and dismisses the other members of the Cabinet.
Title: Impeachment in the United States
Passage: State legislatures can impeach state officials, including governors. The court for the trial of impeachments may differ somewhat from the federal model -- in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven - judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well. Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. A total of at least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment conviction by a single vote in 1912. Several others, most recently Connecticut's John G. Rowland, have resigned rather than face impeachment, when events seemed to make it inevitable. The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117 - 1 to impeach Rod Blagojevich on corruption charges; he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth U.S. state governor to be removed from office.
Title: Constitution of Texas
Passage: Article 15 describes the process of impeachment and lists grounds on which to impeach judges. The House of Representatives is granted the power of impeachment.
Title: Constitutional Convention (United States)
Passage: The most contentious disputes revolved around composition and election of the upper legislative house in the future bicameral Congress, to be known as the Senate, how ``proportional representation ''was to be defined (whether to include slaves or other property), whether to divide the executive power between three persons or invest the power into a single chief executive to be called the President, how to elect the President, how long his term was to be and whether he could run for reelection, what offenses should be impeachable, the nature of a fugitive slave clause, whether to allow the abolition of the slave trade, and whether judges should be chosen by the legislature or executive. Most of the time during the Convention was spent on deciding these issues, while the powers of legislature, executive, and judiciary were not heavily disputed. Once the Convention began, the delegates first agreed on the principles of the Convention, then they agreed on Madison's proposed Virginia Plan and began to modify it. A Committee of Detail, assembled during the July 4th recess, eventually produced a rough draft of the constitution. Most of the rough draft remained in place, and can be found in the final version of the constitution. After the final issues were resolved, the Committee on Style produced the final version, and it was voted on by the delegates, inscribed on parchment with engraving for printing and sent to the states and their legislatures.
Title: Impeachment in the United States
Passage: Impeachment in the United States is an enumerated power of the legislature that allows formal charges to be brought against a civil officer of government for crimes alleged to have been committed. Most impeachments have concerned alleged crimes committed while in office, though there have been a few cases in which Congress has impeached and convicted officials partly for prior crimes. The actual trial on such charges, and subsequent removal of an official upon conviction, is separate from the act of impeachment itself. Impeachment proceedings have been initiated against several presidents of the United States. Andrew Johnson and Bill Clinton are the only two presidents to have been successfully impeached by the House of Representatives, and both were later acquitted by the Senate. The impeachment process against Richard Nixon was never completed, as Nixon resigned his office before the vote of the full House for impeachment, but such a vote was widely expected to pass, and the threat of it and a subsequent conviction in the Senate was the impetus for Nixon's departure. To date, no U.S. President has been removed from office by impeachment and conviction. The impeached official continues in office until conviction.
Title: Separation of powers under the United States Constitution
Passage: Congress has the sole power to legislate for the United States. Under the nondelegation doctrine, Congress may not delegate its lawmaking responsibilities to any other agency. In this vein, the Supreme Court held in the 1998 case Clinton v. City of New York that Congress could not delegate a "line-item veto" to the President, by powers vested in the government by the Constitution.
Title: Impeachment of Andrew Johnson
Passage: The Impeachment of Andrew Johnson occurred in 1868, when the United States House of Representatives resolved to impeach President Andrew Johnson, adopting eleven articles of impeachment detailing his ``high crimes and misdemeanors, ''in accordance with Article Two of the United States Constitution. The House's primary charge against Johnson was with violation of the Tenure of Office Act, passed by Congress the previous year. Specifically, he had removed Edwin McMasters Stanton, the Secretary of War, whom the Tenure of Office Act was largely designed to protect, from office and attempted to replace him with Brevet Major General Lorenzo Thomas. Contrary to popular belief, Johnson was not impeached for temporarily replacing Stanton with General Ulysses Grant earlier while Congress was not in session.
Title: Impeachment in the United States
Passage: Impeachment proceedings may be commenced by a member of the House of Representatives on her or his own initiative, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be initiated by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor, the President, or state or territorial legislature, grand jury, or by petition.
Impeachment in the United States 2018 United States elections