Impeachment is the first of two stages in a specific process for a legislative body to remove a government official without that official's agreement. For the government of parliamentary systems see Executive (government. The second stage is conviction. In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime.
Impeachment is so rare that the term can be misunderstood. A typical misconception is to confuse it with involuntary removal from office; in fact, it is only a legal statement of charges, paralleling an indictment in criminal law. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict. A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple Majority in order to have The word "impeachment" derives from Latin roots expressing the idea of becoming caught or entrapped, and has analogues in the modern French verb empêcher (to prevent) and the modern English impede. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to attack). (In its more frequent and more technical usage, impeachment of a person in the role of a witness is the act challenging the honesty or credibility of that person. Witness impeachment, in the Law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e )
The process should not be confused with a recall election. A recall election is a procedure by which voters can remove an elected official from office A recall election is usually initiated by voters and can be based on "political charges", for example mismanagement, whereas impeachment is initiated by a constitutional body (usually a legislative body) and is usually based, but not always, on indictable offenses. The process of removing the official is also different.
Impeachment is a British invention. Following the British example, the constitutions of Virginia (1776) and Massachusetts (1780) and other states thereafter adopted the impeachment doctrine. In private organizations, a motion to impeach can be used to prefer charges. The Motion (parliamentary procedure to impeach is used to bring an accusation against a person 
In the United Kingdom, it is the House of Commons that holds the power of initiating an impeachment. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The House of Commons' is the Lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords Any member may make accusations of any crime. The member must support the charges with evidence and move for impeachment. A motion, in Parliamentary procedure, is a formal proposal by a member of a Deliberative assembly that the assembly take certain action If the Commons carries the motion, the mover receives orders to go to the bar at the House of Lords and to impeach the accused "in the name of the House of Commons, and all the commons of the United Kingdom. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" " However, impeachment has not been used for over two hundred years (the last impeachment trial was of Henry Dundas, 1st Viscount Melville in 1806). Henry Dundas 1st Viscount Melville ( April 28, 1742 &ndash May 28 1811) was a Scottish lawyer and politician
The House of Lords hears the case. The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The procedure used to be that the Lord Chancellor presided (or the Lord High Steward if the defendant was a peer). The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the Government of the United Kingdom. The position of Lord High Steward of England is the first of the Great Officers of State. The Peerage is a system of Titles of Nobility in the United Kingdom, part of the British honours system. However since the Lord Chancellor today is no longer a judge, it is not certain who would preside over an impeachment trial today. If Parliament is not in session, then the trial is conducted by a "Court of the Lord High Steward" instead of the House of Lords (even if the defendant is not a peer).
The hearing resembles an ordinary trial: both sides may call witnesses and present evidence. At the end of the hearing the lords vote on the verdict, which is decided by a simple majority, one charge at a time. Upon being called, a lord must rise and declare "guilty, upon my honour" or "not guilty, upon my honour". After voting on all of the articles has taken place, and if the Lords find the defendant guilty, the Commons may move for judgment; the Lords may not declare the punishment until the Commons have so moved. The Lords may then decide whatever punishment they find fit, within the law. A royal pardon cannot excuse the defendant from trial, but a pardon may reprieve a convicted defendant. A pardon is the forgiveness of a crime and the penalty associated with it
In April 1977 the Young Liberals' annual conference unanimously passed a motion to call on the Liberal leader (David Steel) to move for the impeachment of Ronald King Murray QC, the Lord Advocate. The Liberal Party was one of the two major British political parties from the early 19th century until the rise of the Labour Party in the 1920s and a third party David Martin Scott Steel Baron Steel of Aikwood, KT, KBE, PC (born 31 March 1938) is a British and Scottish Ronald King Murray Lord Murray PC (born 15 June 1922) was a Scottish Labour politician and judge Her Majesty's Advocate (or when the monarch is male His Majesty's Advocate) known as the Lord Advocate (Morair Tagraidh is the chief legal officer of the Scottish Mr. Steel did not call the motion but Murray (now Lord Murray, a former Senator of the College of Justice of Scotland) agrees that the Commons still have the right to initiate an impeachment motion. The Senators of the College of Justice, and the Chairman of the Scottish Land Court (who ranks as a Senator in order of appointment The Rt On 25 August 2004, Plaid Cymru MP Adam Price announced his intention to move for the impeachment of Tony Blair for his role in involving Britain in the 2003 invasion of Iraq. Events 1248 - The Dutch city of Ommen receives city rights and fortification rights from Otto III the "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Plaid Cymru (plaɪd ˈkəmri The Party of Wales often referred to simply as Plaid) is a Political party in Wales. Adam Price (born 23 September 1968 Carmarthen) is a politician in Wales, and Plaid Cymru Member of Parliament for Carmarthen East and Dinefwr On August 26, 2004, a cross-party group of British MPs announced their campaign to Impeach the Prime Minister of the United Kingdom Anthony Charles Lynton "Tony" Blair (born 6 May 1953 is a British Politician who was Prime Minister of the United Kingdom from 2 May 1997 to The 2003 invasion of Iraq, from March 20 to May 1 2003 was spearheaded by the United States, backed by British forces and smaller contingents from Australia In response Peter Hain, the Commons Leader, insisted that impeachment was obsolete, given modern government's responsibility to parliament. Peter Gerald Hain (born 16 February 1950, Nairobi, Kenya) is a British Labour Party Politician who has The Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons Ironically, Peter Hain had served as president of the Young Liberals when they called for the impeachment of Mr. Peter Gerald Hain (born 16 February 1950, Nairobi, Kenya) is a British Labour Party Politician who has Murray in 1977.
In 2006, General Sir Michael Rose revived the call for the impeachment of the United Kingdom's Prime Minister, Tony Blair, for leading the country into the invasion of Iraq in 2003 under false pretenses. Sir is an Honorific used as a title (see Knight) and in several other modern contexts General Sir (Hugh Michael Rose, KCB CBE DSO QGM (born 1940 in what was then British India) often known as Mike Rose The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located This article is about the government position For other uses see Prime Minister (disambiguation. Anthony Charles Lynton "Tony" Blair (born 6 May 1953 is a British Politician who was Prime Minister of the United Kingdom from 2 May 1997 to The 2003 invasion of Iraq, from March 20 to May 1 2003 was spearheaded by the United States, backed by British forces and smaller contingents from Australia
In the United States, impeachment can occur both at the federal and state level. The United States of America —commonly referred to as the The Constitution defines impeachment at the federal level and limits impeachment to "The President, Vice President, and all civil officers of the United States" who may only be impeached and removed for "treason, bribery, or other high crimes and misdemeanors. " . Several commentators have suggested that Congress alone may decide for itself what constitutes an impeachable offense. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses In 1970, then-House Minority Leader Gerald R. Ford defined the criteria as he saw it: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history. Party leaders of the United States House of Representatives are elected by their respective parties in a closed-door (private Caucus. Gerald Rudolph Ford Jr (July 14 1913 December 26 2006 was the thirty-eighth President of the United States, serving from 1974 to 1977 and the fortieth Vice President "  Four years later, Ford would become president when President Richard Nixon resigned under the threat of impeachment (see below). Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official
Article III of the Constitution states that judges remain in office "during good behaviour," implying that Congress may remove a judge for bad behavior via impeachment. The House has impeached 13 federal judges and the Senate has convicted six of them.
The central question regarding the Constitutional dispute about the impeachment of members of the legislature is this: Are members of Congress "officers" of the United States? The Constitution grants to the House the power to impeach "The President, the Vice President, and all civil Officers of the United States. "  Many believe firmly that Members of Congress are not "officers of the United States. " . Others, however, believe that Members are civil Officers and are subject to impeachment.
The House of Representatives did impeach a Senator once, Senator William Blount. William Blount, ( March 26, 1749 ( OS)/ April 6, 1749 (NS – March 21, 1800) was a United States The senate expelled Senator Blount and, after initially hearing his impeachment, dismissed the charges for lack of jurisdiction. Left unsettled was the question "Are members of Congress civil officers of the United States?" The House has never impeached a Member of Congress after Blount and, as each House has the authority to expel their own members—without involving the other chamber; expulsion has been the method used for removing Members of Congress.
Jefferson's Manual, which is integral to the House rules, states that impeachment is set in motion by: charges made on the floor; charges preferred by a memorial; a Member's resolution referred to a committee; a message from the President; charges transmitted from the legislature of a State or territory or from a grand jury; or from facts developed and reported by an investigating committee of the House. Manual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801 is the first American book on Parliamentary It further states that a proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business.
The impeachment-trial procedure is in two steps. The House of Representatives must first pass "articles of impeachment" by a simple majority. The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. (All fifty state legislatures as well as the District of Columbia city council may also pass articles of impeachment against their own executives. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D ) The articles of impeachment constitute the formal allegations. Upon their passage, the defendant has been "impeached. "
Next, the Senate tries the accused. The United States Senate is the Upper house of the bicameral United States Congress, the Lower house being the House of Representatives In the case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U Otherwise, the Vice President, in his capacity as President of the Senate, or the President pro tempore of the Senate presides. The Vice President of the United States is the first person in the presidential line of succession, becoming the new President of the United States upon the death The President pro tempore of the Senate is the second-highest-ranking official of the United States Senate and the highest-ranking senator This may include the impeachment of the Vice President, although legal theories suggest that allowing a person to be the judge in the case where she or he was the defendant would be a blatant conflict of interest. A conflict of interest is a situation in which someone in a position of trust such as a Lawyer, Insurance adjuster, a Politician, executive or director If the Vice President did not preside over an impeachment (of someone other than the President), the duties would fall to the President Pro Tempore. A President pro tempore is a constitutionally recognized officer
In order to convict the accused, a two-thirds majority of the senators present is required. A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple Majority in order to have Conviction automatically removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring them from holding future federal office (either elected or appointed). Despite a conviction by the Senate, the defendant remains liable to criminal prosecution. It is possible to impeach someone even after the accused has vacated their office in order to disqualify the person from future office or from certain emoluments of their prior office (such as a pension). If there is no charge for which a two-thirds majority of the senators present vote "Guilty", the defendant is acquitted and no punishment is imposed. A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple Majority in order to have
Congress regards impeachment as a power to be used only in extreme cases; the House has initiated impeachment proceedings only 62 times since 1789 (most recently President Bill Clinton), and only the following 16 federal officers have been impeached:
Many mistakenly assume Richard Nixon was impeached. While the House Judiciary Committee did approve articles of impeachment against him and did report those articles to the House of Representatives, Nixon resigned prior to House consideration of the impeachment resolutions and was subsequently pardoned by President Ford. Gerald Rudolph Ford Jr (July 14 1913 December 26 2006 was the thirty-eighth President of the United States, serving from 1974 to 1977 and the fortieth Vice President
In the Republic of Ireland formal impeachment can apply only to the President. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. The President of Ireland (Uachtarán na hÉireann n̪ˠə ˈheːɾʲən̪ˠ is the Head of state of Ireland. Article 12 of the Constitution of Ireland provides that, unless judged to be "permanently incapacitated" by the Supreme Court, the president can only be removed from office by the houses of the Oireachtas (parliament) and only for the commission of "stated misbehaviour". The Constitution of Ireland (Bunreacht na hÉireann came into force on 29 December 1937 after having been passed by a national plebiscite the previous July The Supreme Court (Cúirt Uachtarach is the highest judicial authority in the Republic of Ireland. The Oireachtas (ɛrʲaxt̪ˠasˠ is the "national parliament" or Legislature of Ireland, sometimes referred to as Oireachtas Éireann. Either house of the Oireachtas may impeach the president, but only by a resolution approved by a majority of at least two-thirds of its total number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number.
Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds majority of its members, both that she is guilty of the charge of which she stands accused, and that the charge is sufficiently serious as to warrant her removal. To date no impeachment of an Irish president has ever taken place. The president holds a largely ceremonial office, the dignity of which is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment.
The Republic's constitution and law also provide that only a joint resolution of both houses of the Oireachtas may remove a judge. Although often referred to as the "impeachment" of a judge, this procedure does not technically involve impeachment.