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, then President of the United States , in 1868.]] In the Constitution s of several countries, 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. The second stage is called Conviction . Impeachment is so rare that the term is often misunderstood. A typical misconception is to confuse it with involuntary removal from office; in fact, it is only the legal statement of charges, paralleling an Indictment in Criminal Law . 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. One tradition of impeachment has its origins in the Law Of England And Wales , where the procedure last took place in 1806 . Impeachment exists under constitutional law in many nations around the world, including the United States , India , Brazil , Russia , the Philippines , the Republic Of Ireland , and Kyrgyzstan . What is in the new constitution? KyrgyzReport Etymologically, 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''. 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.) The process should not be confused with Recall Election . A recall election is usually initiated by voters and can be based on "political charges", for example mismanagement, where as 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. UNITED KINGDOM In the United Kingdom , the House Of Commons holds the power of initiating an impeachment. Any member may make accusations of any crime. The member must support the charges with evidence and Move for impeachment. 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." However impeachment has not been used for two hundred years (the last impeachment trial was of Henry Dundas, 1st Viscount Melville in 1806). The House Of Lords hears the case. The procedure used to be that the Lord Chancellor presided (or the Lord High Steward if the defendant was a Peer ). 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. 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 . 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. 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 . In response Peter Hain , the Commons Leader , insisted that impeachment was obsolete, given modern government's responsibility to parliament. Ironically, Peter Hain had served as president of the Young Liberals when they called for the impeachment of Mr. 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. UNITED STATES See Also: Impeachment in the United States in 1999, Chief Justice William H. Rehnquist presiding. The House managers are seated beside the quarter-circular tables on the left and the president's personal counsel on the right, much in the fashion of President Andrew Johnson's trial.]] Impeachable offenses In the . (Nixon resigned following a committee vote to approve impeachment proceedings, but before actual impeachment by the full House.) Article III of the Constitution states that judges remain in office "during good behavior," 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 List of Senate Impeachment Trials . Officials subject to impeachment 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." U.S. Constitution, Article II, Section 4 Many believe firmly that Members of Congress are ''not'' "officers of the United States." (pdf) Testimony of M. Miller Baker before Senate committee . Others, however, believe that Members are civil Officers and are subject to impeachment. The House of Representatives did impeach a Senator once Senate List of Impeachment trials , Senator William Blount . The Senate expelled Senator Blount and, after initially hearing his impeachment, dismissed the charges for lack of jurisdiction[http://books.google.com/books?id=wxx-6rwQCe8C&dq=%22the+first+impeachment%22&printsec=frontcover&source=web&ots=0idClwQof-&sig=Z0riLQA3tt7r9qWMZ-rTGjpAqSo#PPP1,M1 ''The First Impeachment'' by Buckner F. Milton]. 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 — as impeachment would require, expulsion is the common method of 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. 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. Process The impeachment-trial procedure is in two steps. The House Of Representatives must first pass "articles of impeachment" by a simple majority. (All fifty state legislatures as well as the District Of Columbia city council may also pass articles of impeachment against their own executives.) The articles of impeachment constitute the formal allegations. Upon their passage, the defendant has been "impeached." Next, the Senate tries the accused. In the case of the impeachment of a President, the Chief Justice Of The United States presides over the proceedings. Otherwise, the Vice President , in his capacity as President of the Senate, or the President ''pro Tempore'' Of The Senate presides. 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 wouldn't be permitted. 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 . In order to convict the accused, a Two-thirds Majority of the senators present is required. 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 a Two-thirds Majority of the senators present does not vote "Guilty" on one or more of the charges, the defendant is acquitted and no punishment is imposed. History of federal impeachment proceedings 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 Clinton), and only the following 17 federal officers have been impeached:
Many mistakenly assume Richard Nixon was impeached. While the House Judiciary Committee did approve articles of impeachment against him (by wide margins) and did report those articles to the full House, Nixon resigned prior to House consideration of the impeachment resolutions. Both his impeachment by the House of Representatives and his conviction by the Senate were near certainties; Nixon reportedly decided to resign after being told this by Senator Barry Goldwater . He was subsequently pardoned by President Ford. OTHER JURISDICTIONS
Presidents who were removed from office following impeachment
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