CONSTITUTION: IMPEACHMENT; for what, and consequences

The Constitution of the United States

Article. I.

Section 2.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Compare and contrast the Power of Impeachment and Duty of Trial just shown with Amendment XXV.

What do most people assume with regard to Impeachment of the President?  That the President must commit a criminal act, or a “high crime and misdemeanor” like treason.  Right?  Well that assumption is WRONG !

Re- read the language in our Constitution (you may also click on the title: “Constitution” and go to the Transcript of our Constitution hosted by the U.S. Archives.)

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United Statesbut the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Notice, the only disability, or punishment IMPEACHMENT may pronounce IS;

  • removal from office, and
  • disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States

REMOVAL FROM OFFICE AND DISQUALIFICATION TO HOLD AND ENJOY OFFICE are not criminal penalties.

Additionally, the impeachment reasons might ALSO be criminal;

IF the President is impeached, AND IF the President has committed a CRIMINAL ACT:  THEN the next phrase in our Constitution becomes applicable:

“but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”

Why do I point out this language?  To point out that the President may be IMPEACHED for NON-CRIMINAL acts, actions, or inaction.

IF the President can only be impeached for CRIMINAL ACTS, THEN why is the only disability for impeachment removal from office and lifetime bar from serving any Governmental office for the United States?

For any alleged criminal act committed:  Why would the President still have the protections of indictment, trial, judgment, and Punishment, according to Law?

Ponder: what other specific actions or inaction, our founders were considering the President could be impeached for, if not ONLY for criminal acts?

The language of our Constitution shows, the President may be impeached for NON-CRIMINAL actions and inaction, failures which would not rise to the level of indictment, high crimes, or misdemeanors.

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4 thoughts on “CONSTITUTION: IMPEACHMENT; for what, and consequences

  1. Pingback: CONSTITUTION: XXV Amendment, “President’s inability to discharge the powers and duties of office” | The Rio Norte Line

  2. Pingback: Constitution: Justice Scalia “this case is about POWER” | The Rio Norte Line

  3. Pingback: Constitution: Justice Scalia “this case is about POWER” | The Rio Norte Line

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