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34 votes
4 answers
5k views

Why is the Constitutionality of an Impeachment and Trial when out of office not settled?

The US Senate has voted 3 times, once in 1876 and twice in 2021, that impeachment and trial of an official who has left office is acceptable. Despite this, Mitch McConnell voted to acquit Trump in ...
Jontia's user avatar
  • 25k
1 vote
1 answer
301 views

Why doesn't the President Pro Tempore preside over presidential impeachment trials?

The Constitution specifies that the Chief Justice of the Supreme Court presides over impeachment trials of the President. SCOTUSblog says that the reason for this exception is In any impeachment case ...
Barmar's user avatar
  • 11.9k
26 votes
1 answer
5k views

Can the Chinese president be impeached?

According to this article: China has approved the removal of the two-term limit on the presidency, effectively allowing Xi Jinping to remain in power for life. I'd like to know if there is a ...
user avatar
0 votes
2 answers
129 views

US secrecy determination as per Article I, Section 5, Clause 3

Question: What does it take exactly to determine a judgement of proceedings and votes by either house to require secrecy? Why, context, etc. As per Article I, Section 5, Clause 3 does this mean only ...
Clap 'No Hands' Politics's user avatar
2 votes
1 answer
248 views

Does the Senate need supermajority or just a regular majority to prevent a convicted President from running for office again? [duplicate]

The Constitution allows the Senate to punish an impeached President with prevention from holding an important office in the future, do they need 2/3rds of the Senate to do this or 2/3rds for a ...
The Mamba's user avatar
  • 2,026
0 votes
1 answer
437 views

Can the US president be thrown out of office via a Constitutional convention?

Say a very corrupt president were able to use threats to make Congress do as they said and committed many impeachable offenses, but Congress wouldn’t get rid of them, could 3/4ths of the state ...
The Mamba's user avatar
  • 2,026
-5 votes
1 answer
167 views

Is it a concern to the US, that leading their leader in handcuffs out of the White House would look weak to other countries? [closed]

I am wondering how for example something like the "Nixonian Deal" (Nixon leaving office "voluntarily" in exchange for being pardoned later) could occur. What kind of leverage does a President have in ...
Thomas Hirsch's user avatar
5 votes
2 answers
1k views

Why can a Chief Justice break ties in the Senate during an impeachment trial?

I came across a Politico article that suggests that Chief Justice John Roberts can vote to break ties in the US Senate during an impeachment trial. Unless Chief Justice John Roberts shocked ...
Panda's user avatar
  • 46.7k
15 votes
11 answers
7k views

Why can't the public vote to impeach a president?

I am new to American politics, so this question maybe very fundamental. I understand that impeachment is a legislative process akin to criminal indictment, and the House and the Senate compose the ...
kedarps's user avatar
  • 277
39 votes
8 answers
9k views

Can the U.S. Senate hold an impeachment trial if the House "passes" articles of impeachment but does not "transmit" them to the Senate?

After passing articles of impeachment against the President, Speaker Pelosi has announced she will not immediately send the articles of impeachment to the Senate for a trial. What does this actually ...
Rain Willow's user avatar
  • 4,190
30 votes
2 answers
6k views

To whom does "Madam Speaker" refer during the Trump impeachment debate?

Trump impeachment vote is underway. Every representative is making their case for or against the articles of impeachment. Every one of them is addressing the "Madam Speaker". But what I see is that ...
Up-In-Air's user avatar
  • 1,372
4 votes
3 answers
311 views

High crimes and/or misdemeanors

In the context of impeachment of a president, the US constitution refers to "high crimes and misdemeanors". The context is ... or other high crimes and misdemeanors. Does that mean ... or ...
Volker Siegel's user avatar
2 votes
2 answers
295 views

How many hearings can the House hold before calling for a vote on impeachment?

There were House Intelligence Committee impeachment hearings lead by Adam Schiff, this week there is another set of hearings lead by Jerry Nadler for House judiciary committee. What I want to know is ...
Up-In-Air's user avatar
  • 1,372
5 votes
2 answers
357 views

Can the US Congress disqualify a person from holding office without removing them from office?

So, the process of impeachment described in the US Constitution has two punishments: removal from office, and barring that person from holding office in the future. Because the latter punishment does ...
nick012000's user avatar
  • 4,428
4 votes
1 answer
380 views

Why can the Legislative Branch delegate its confirmation authority of inferior officers, but not its impeachment authority of said officers?

Background In the United States, all "Inferior officers" must be confirmed by the Senate, unless the confiring authority is delegated as per Article 2 Section 2 Clause 2 of the constitution: and ...
isakbob's user avatar
  • 5,605
6 votes
2 answers
417 views

Legally how would one demonstrate Trump's motive was to solicit interference in the 2020 election [closed]

The whistleblower report makes the following allegation: In the course of my official duties, I have received information from multiple U.S. Government officials that the President of the United ...
Dan O'Brien's user avatar
7 votes
3 answers
729 views

Are there countries where impeachment of a president without cause is authorized?

Background Presidential v. Parliamentary Systems of Government In parliamentary systems of government, the head of government can be removed any time that the prime minister or premier loses the ...
ohwilleke's user avatar
  • 88.3k
21 votes
3 answers
8k views

Can the Supreme Court overturn an impeachment?

Article 2, Section 4 of the US Constitution states: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, ...
user23920's user avatar
  • 1,613
68 votes
9 answers
26k views

Why is there no process in the United States to remove and re-elect the President?

When a European head of government has too many enemies/doubts about their history, then he or she is usually deposed by the parliament and a new head of government is elected (either by the ...
paul23's user avatar
  • 1,297
6 votes
1 answer
2k views

Can the President of the United States be impeached for crimes committed in an effort to gain the presidency? [duplicate]

In the United States the President of the United States may involuntarily be removed from office through impeachment. This is outlined in Article 2 of the United States Constitution The ...
VerasVitas's user avatar
21 votes
4 answers
21k views

Can a US president be "re-impeached" by a new Congress on the same charges? Or would double jeopardy apply?

Double jeopardy is a pretty fundamental element to the US criminal justice system, but does it apply to a US President (or other impeachable official) and the trial-like impeachment proceedings in ...
BradC's user avatar
  • 6,590
10 votes
3 answers
5k views

Is the Senate required to pursue a trial if presented with articles of impeachment?

The current make-up of Congress could potentially lead to a situation where the House was able to draft and pass articles of impeachment against the sitting president. However, the Senate is ...
SoylentGray's user avatar
  • 8,997
5 votes
1 answer
571 views

Where is the process for Presidential Impeachment codified?

The US Constitution Article 2, Section 4, states: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, ...
SoylentGray's user avatar
  • 8,997