Impeachment as a legislative procedure of the removal of a President from his or her position is addressed in the US Constitution and requires the involvement of the House of Representatives and the Senate. The paper discusses the coverage of the issue in the US Constitution, the precedents of presidential impeachment in the history of the USA, and the necessary conditions that could make the impeachment of a sitting President possible. The evidence for question analysis will be retrieved from reputable sources and will illustrate the steps of the procedure.
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A President whose activity is contradictory to the constitutional requirements might be impeached. The procedure is addressed in the Constitution and involves the House of Representatives and the Senate to be responsible for the decision making concerning the President’s conviction. The US history has faced two presidential impeachment procedures which might be used as relevant precedents to articulate the required conditions for the President’s removal.
Impeachment in Constitution
According to the Constitution, a President shall be impeached if proven of committing “Treason, Bribery, or other high Crimes and Misdemeanors” (U.S. Constitution Art. II, Sec. 4). Firstly, the President has to be accused of a crime that imposes a threat to the law or constitutional government (Broughton 280). Then, the House of Representatives needs to recognize whether the acts of a President are impeachable. After that, the Senate is given the responsibility to decide if the President should be removed upon court procedures (Peterson 80). If the Senate approves the conviction, a President will be removed.
Precedents of Presidential Impeachment in the USA
Two of the US Presidents were subjected to impeachment procedures including Andrew Johnson and Bill Clinton. The accusations against both of them were introduced by the House of Representatives and forwarded to Senate’s approval. However, the Senate did not convict them upon the trial procedures (Broughton 279-280). Thus, the role of the Senate is crucial in the decision-making process concerning the forced removal of a President from his or her post.
Summarizing the discussion, Impeachment as removal of President from his or her position upon conviction of crimes commitment requires the House of Representatives to provide articles against a President. If Senate considers an official impeachable, a President might be removed from office. The precedents in US history might be used as a leading point for learning from mistakes and accurate carrying out of the procedure.
Broughton, J. Richard. “Conviction, Nullification, and the Limits of Impeachment as Politics.” Case Western Reserve Law Review, vol. 68, no. 2, 2017, pp. 275-315.
Peterson, Christopher L. “Trump University and Presidential Impeachment.” Oregon Law Review, no. 96, 2017, pp. 57-121.
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U.S. Constitution. Art. II, Sec. 4.