Process of impeachment Essay

Impeachment begins in the House of Representatives. The proceedings must be initiated by A member declaring a charge of impeachment on his or her own initiative, by a member presenting a memorial listing charges under oath, or by a member depositing a resolution in the hopper (Halstead Pg. 2). The process can begin with non members when an Independent Counsel warns the House of trustworthy information that they believe could be grounds for impeachment, by a charge from a State legislature or grand jury, and by petition. Normally the House Committee on the Judiciary conduct the impeachment investigation, but sometimes it is delegated to specific subcommittees. The House examines the charges prior to any vote. The purpose of the investigation is to determine if the person was involved in treason or any other high crimes and misdemeanors. If it is determined by majority vote that grounds for impeachment exist it will be reported to the full House. A vote to impeach by the House must have a simple majority of those present and voting, upon satisfaction of quorum requirements (Halstead Pg. 3). If the House votes to impeach then managers are chosen to present the issue to the Senate. The managers will then appear before the Senate to impeach the individual in question. In the Senate the proceedings are governed by the Rules of Procedure and Practice (Halstead Pg. 4). After the Senate considers the impeachment the person will be notified of a date to appear in court either in person, by counsel, or not to appear at all. If they do not appear it is treated as a plea of not guilty. The person in question may demur, arguing that he or she is not a civil official subject to impeachment, or that the charges listed do not constitute sufficient grounds for impeachment. The respondent may also choose to answer the articles brought against him or her (Halstead Pg. 4). When pleadings have finished the Senate will set a trial date. Under Article I, Section 3, Clause 6 of the Constitution, the Chief Justice will preside over the impeachment trial if the president is being impeached. At the start of the trial House managers present the opening arguments. During the trial evidence is viewed and witnesses are questioned. The presiding officer possesses authority to rule on all evidentiary questions. However, the presiding officer may choose to put any such issue to a vote before the Senate. (Halstead Pg. 5). Also, any senator can request a vote on any question. Once the trial has concluded the Senate will meet as a whole in a closed session to deliberate. A conviction requires a twothirds vote of the senators that are present. If the person in question is convicted the presiding officer will pronounce the judgement and removal. No formal vote is required for removal. Lastly the Senate may vote on whether or not the official will be allowed to hold any public office. If this is done a simple majority vote is required.