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Why should the chief justice preside over a president's impeachment trial?
Wiki User
∙ 12y ago
Important Note: The Chief Justice only presides over Presidential Senate impeachment trials; all other trials are managed by the presiding officer of the Senate or a committee to which he (or she) delegates that power.
Reasoning
As President of the Senate, the Vice President of the United States typically presides over impeachment trials. However, if the President of the US is facing impeachment, the VP might be biased because he/she would automatically become President of the US if the sitting President is removed from office.
This political precaution helps ensure impartiality, as the Supreme Court owes no allegiance to any political party and has no concern for political repercussions because he or she has received a lifetime commission.
Article I, Section 3 gives the US Senate the sole power to try all Impeachments and specifies when the Senate sits in judgment following a successful Impeachment hearing of the President, the Chief Justice of the Supreme Court shall preside.
Article I, 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 Impeachments 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."
For more information, see Related Questions, below.
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoIt is mandated by Article I, Section 3 of the Constitution.
This political precaution helps ensure impartiality, as the Supreme Court owes no allegiance to any political party and has no concern for political repercussions because he or she has received a lifetime commission. If the Chief Justice is absent, the Associate Justice with the most seniority presides.
As President of the Senate, the Vice President of the United States typically presides over impeachment trials. However, if the President of the US is facing impeachment, the VP might be biased because he/she would automatically become President of the US if the sitting President is removed from office.
Historical Example
President Andrew Johnson was impeached by the House of Representatives in 1868for defying the Tenure of Office Act, which prohibited the President from firing federal officeholders whose commissions had been approved by the Senate, unless the termination was done with "the advice and consent" of the Senate.
Johnson ignored the Act, believing it unconstitutional, and promptly dismissed the Secretary of War, Edwin Stanton.
The Supreme Court refused to rule on the President's action, so the Radical-Republicans in Congress brought him up on charges of violating the Tenure of Office Act. The House voted for impeachment just three days after Stanton's dismissal, necessitating a trial in the Senate.
According to the Constitution, when the President is tried by the Senate, the Chief Justice of the United States must preside over the hearing. Salmon P. Chase was Chief Justice on the Supreme Court in 1868.
Johnson was acquitted by a vote of 35-19, just one vote shy of the two-thirds super-majority required to remove him from office.
Article I, 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 Impeachments 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."
Wiki User
∙ 11y agoThe Chief Justice of the US Supreme Court presides over the Senate impeachment trial of a President only, because the President of the Senate (who is also the Vice-President of the US) is next in line of succession for the presidency if the President is impeached, and therefore has a built-in conflict of interest. Neither the Chief Justice nor any other member of the Judicial Branch may ascend to the presidency, so there is greater likelihood of impartiality. Furthermore,
it is very important for an impeachment trial to conducted fairly,so it seems logical to ask the chief justice of the highest court in the land to preside.
(In all other impeachment trials, the President of the Senate or another designated person or committee presides.)
Wiki User
∙ 12y agoThe obvious choice might be the vice president who is also the president of the Senate and normally presides over the Senate. However, if the president is convicted the vice president would become the president. Also the VP is closely allied to the President and is often a power in the President's party. So, there is an obvious conflict of interest on the part of the VP, so someone else needs to preside over the Senate trial of the president and who would be better than the Chief Justice of the US, the foremost jurist in the country?
Wiki User
∙ 11y agoThe chief justice is the supreme judge of the United States. It seems fitting that he should president over a trial of the supreme executive officer of the country. He has that position due to article I section 3 paragraph 7 of the US Constitution.
Wiki User
∙ 11y agoThis requirement is a mandate of the US Constitution.
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What are the effects to our economy brought about the impeachment of chief justice corona?
The effects to the economy after the impeachment of Chief Justice Corona should be minimal to none. Chief justices usally do not play a major part in the structure of an economy and a new justice will be established anyway.
What president has lost their job by impeachment?
No president has ever lost his job due to impeachment. The two Presidents in our history that were impeached were Andrew Johnson in 1868 and Bill Clinton in 1998. In both cases these Presidents were acquitted and continued to hold office. However, it should be noted that articles of impeachment were being considered against Richard M. Nixon in 1974. President Nixon would most likely have been impeached had he not resigned from office.
Who presides over the impeachment trial of a US Supreme Court justice?
Chief Justice
How do you use the word preside in a sentence?
The old senator was considered too argumentative to preside over committees. Those who preside over governments need to remember that they are public servants, not kings.
Who presided over the impeachment trial of the president?
The Chief Justice of the Supreme Court (real title: Chief Justice of the United States) presides over the Senate impeachment trial.Explanation:Impeachment is a two-step process; the impeachment phase is similar to a Grand Jury hearing, where charges (called "articles of impeachment") are presented and the House of Representatives determines whether the evidence is sufficient to warrant a trial. If the House vote passes by a simple majority, the defendant is "impeached," and proceeds to trial in the Senate.The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.At the trial a committee from the House of Representatives, called "Managers," act as the prosecutor. Per constitutional mandate (Article I, Section 3), the Chief Justice of the United States(Supreme Court) must preside over the Senate trial of the President.If any other government official is being tried, an "Impeachment Trial Committee" of Senators act as the presiding judges. This procedure came into practice in the 1980s, with the passage of Senate Rule XII.At the conclusion of the trial, the full Senate votes and must return a two-thirds Super Majority for conviction. Convicted Presidents (and other officials) are removed from office immediately and barred from holding future office. If the President is acquitted, he continues to serve out his current term, and may be eligible for reelection if term limits permit.For more information, see Related Questions, below.(One must realize that the impeachment proceedings actually occur in the House of Representatives which is presided over by the House speaker. If an impeachment bill passes, the Senate holds a trial which is the result of the impeachment, but is not really impeachment.)The senate.
What can Congress do if a US Supreme Court justice accepts a bribe?
The House of Representatives could file articles of impeachment against the justice, which is approximately the equivalent of a Grand Jury indictment. If the House votes to impeach, the Senate will hold a trial to determine whether the justice should be removed from office. Impeachment does not carry legal consequences; conviction in the Senate serves only to remove the official from public office. The justice may additionally face criminal charges and disbarment, but neither of these actions would be initiated by Congress.
What does Congress have the power to do if the US President or a Supreme Court justice commits a crime?
Both Presidents and Supreme Court justices can be impeached. The House of Representatives brings articles of impeachment against a government official (like grand jury charges), then votes whether the official should be impeached, or brought to trial in the Senate. If the official is convicted in the Senate, he or she is removed from office.
If you used presidents in a sentence would it be capitalized?
No, except at the beginning of a sentence because it is n ot a proper n ou n. However, if it is part of a proper nou n the n it should be capitalized. Example: Preside nt Barrack Obama
Who did delegates unanimously agree should preside over the constitutional?
George Washington
Identify one unique power to the Senate and why the framers gave The Senate that power?
The Senate has the power to try impeachments. This was granted as a method of checks and balances since the House of Representatives has the power to issue articles of impeachment, the President and Chief Justice of the Supreme Court have the power to preside over impeachment proceedings.
What does the senate set or provide for an impeachment trial?
AnswerThe Senate acts as a trial court and jury after impeachment (indictment) by the House.AnswerImpeachment is a two-step process; the impeachment phase is similar to a Grand Jury hearing, where charges (called "articles of impeachment") are presented and the House of Representatives determines whether the evidence is sufficient to warrant a trial. If the House vote passes by a simple majority, the defendant is "impeached," and proceeds to trial in the Senate.The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.At the trial a committee from the House of Representatives, called "Managers," act as the prosecutors. Per constitutional mandate (Article I, Section 3), the Chief Justice of the United States (Supreme Court) must preside over the Senate trial of the President. If any other official is on trial, an "Impeachment Trial Committee" of Senators act as the presiding judges to hear testimony and evidence against the accused, which is then presented as a report to the remained of the Senate.The full Senate no longer participates in the hearing phase of the removal trial. This procedure came into practice in 1986 when the Senate amended its rules and procedures for impeachment and has been contested by several federal court judges, but the Supreme Court has declined to interfere in the process, calling the issue a political, not legal, matter.At the conclusion of the trial, the full Senate votes and must return a two-thirds Super Majority for conviction. Convicted officials are removed from office immediately and barred from holding future office. The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.For more information, see Related Questions, below.
Should this sentence have an apostrophe in presidents Linda and her vice presidents are going to Brazil?
No, there should be no apostrophe.
