Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
[Sidenote: Impeachment in England]
The provisions for impeachment of public officers are copied from the
custom in England. Since the fourteenth century the House of Commons
has occasionally exercised the power of impeaching the king's
ministers and other high public officers, and although the power was
not used during the sixteenth century it was afterward revived and
conclusively established. In 1701 it was enacted that the royal pardon
could not be pleaded against an impeachment, and this act finally secured
the responsibility of the king's ministers to Parliament. An impeachment
is a kind of accusation or indictment brought against a public officer
by the House of Commons. The court in which the case is tried is the House
of Lords, and the ordinary rules of judicial procedure are followed.
The regular president of the House of Lords is the Lord Chancellor, who
is the highest judicial officer in the kingdom. A simple majority vote
secures conviction, and then it is left for the House of Commons to
say whether judgment shall be pronounced or not.
[Sidenote: Impeachment in the United States.]
In the United States the House of Representatives has the sole
power of impeachment, and the Senate has the sole power to try all
impeachments. When the president of the United States is tried,
the chief-justice must preside. As a precaution against the use of
impeachment for party purposes, a two thirds vote is required for
conviction; and this precaution proved effectual (fortunately, as most
persons now admit) in the famous case of President Johnson in 1868. In
case of conviction the judgment cannot extend further than "to removal
from office, and disqualification to hold and enjoy any office of
honour, trust, or profit under the United States;" but the person
convicted is liable afterward to be tried and punished by the ordinary
process of law.
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