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In the Senate Rules, provided in this answer, the process of delivering the articles of impeachment is codified, thus defining when and how the Senate can act on those articles.

Are there any similar rules that the House has adopted, or are they simply following some ad hoc process? If there are written rules, what are they? Have these rules changed since the Clinton impeachment? What were they then?

In this article (The Daily Wire, December 19, 2019), A House impeachment witness (who happened to favor impeachment), Harvard Law Professor Noel Feldman, is quoted as saying

“Impeachment as contemplated by the Constitution does not consist merely of the vote by the House, but of the process of sending the articles to the Senate for trial,” Feldman wrote. “Both parts are necessary to make an impeachment under the Constitution: The House must actually send the articles and send managers to the Senate to prosecute the impeachment. And the Senate must actually hold a trial.”

How do the rules shape this interpretation, if at all?

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The Impeachment Process in the House of Representatives, Updated November 14, 2019, p. 13.

Appointment and Role of House Managers in the Senate Trial

After the House has agreed to articles of impeachment, it then appoints Members to serve as managers in the Senate trial. In recent practice, the House has appointed managers by agreeing to a House resolution. The House also, by resolution, informs the Senate that it has adopted articles of impeachment and authorizes the managers to conduct the trial in the Senate. The House could agree to separate resolutions or, as has been the case with recent impeachments, to a single resolution accomplishing each of these purposes. Such resolutions are privileged, and sometimes they have been taken up and agreed to by unanimous consent.


Are there any similar rules that the House has adopted, or are they simply following some ad hoc process?

Because the House uses resolutions, there are no specific rules. The process is settled by precedent. The variation, as shown above, is one resolution, or two.

If there are written rules, what are they? Have these rules changed since the Clinton impeachment? What were they then?

Not applicable.

How do the rules shape this interpretation, if at all?

The use of resolutions by the House confirms the interpretation. Essentially, the House impeachment is not done until the House says it's done, by passing the final resolution(s).

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  • Thanks Rick. The document you shared appears to be prepared by a 3D party, and I suppose, without having read it thoroughly, it is an interpretation. But surely, if the House uses resolutions to determine its actions, it doesn’t take a separate “resolution of delivery”, so to speak, to convey every other generic resolution of law-making to the Senate for their consideration. And, since there is a House Rules Committee, I have to think there are rules to cover this process. (I haven’t read the cited document yet to see if the answer is there. ) – Jim Dec 20 '19 at 16:50
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    @Jim - The document is from the Congressional Research Service. "The Congressional Research Service (CRS) works exclusively for the United States Congress, providing policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation. As a legislative branch agency within the Library of Congress, CRS has been a valued and respected resource on Capitol Hill for more than a century." – Rick Smith Dec 20 '19 at 17:00

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