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Who was the first Chief Justice to preside over the impeachment trial of a US President?
Wiki User
∙ 14y ago
President Andrew Johnson was impeached by the House of Representatives in 1868 for 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 Justiceon 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.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
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Is it fair for the vice-president to preside over the senate at the impeacment of a president when he is next in line for that office?
The Vice-President does not preside at an impeachment of a President. The Constitution requires that the Chief Justice of the Supreme Court preside over an impeachment trial.
What circumstances would the Vice President not preside over an impeachment trial?
He has nothing to do with the impeachment trials. It is the House and then the Senate with the Chief Justice as the judge.
When the president of the US is tried for impeachment who have been impeached whopresidea the trial?
when the president of the united states is tried, the chief justice shall preside
Who presides over any impeachment trail of the president of the United States?
The vice-president of the US normally presides over the senate, including impeachment trials. In the special case that the president is impeached, the Chief Justice of the US presides over the trial.
Under what circumstances would the vice president not preside over an impeachment trial?
The VP does not preside because in the presidential line of succession if the President was removed, the VP would fill the role as president, meaning that the VP has enough motive to see the President removed from office.
Is it true or false that the chief justice presides over all impeachment trails?
False. The Chief Justice must preside over only impeachments of a President. Article I, Section 3, Clause 6 states in part: "When the President of the United States is tried, the chief justice shall preside..." Since the US Constitution fails to mention any other impeachment trials, the Senate has adopted rules that provide the Presiding Officer of the Senate (whether the Vice President, President pro tempore or other presiding officer designated by the Senate) shall preside in impeachment trials of other officials. In addition, in some instances, the Senate creates an impeachment trial committee to take evidence and to then report such evidence to the full Senate for its deliberation and vote.
Does the vice-president always acts as judge in an impeachment trial?
As President of the Senate, the U.S. Vice President presides over most impeachment trials. However, Article I, Section 3, Clause 6 of the U.S. Constitution specifies that when the President is on trial the Chief Justice of the Supreme Court presides. And although the Constitution doesn't say, I assume that would also be the case if the Vice President were the defendant in an impeachment trial (an incumbent U.S. Vice President has never been impeached to date).
Who judges the impeachment trial for the Chief Justice of the Supreme Court?
If the Senate tries the Chief Justice, it would follow the procedure used in most impeachment trials. The presiding officer of the Senate or an appointed "Impeachment Trial Committee" would preside, or act as judge, and the other Senators would serve as the jury.This procedure is used for the removal trial of allofficials except the US President, and became legal practice in 1986 when the Senate amended its rules and procedures for impeachment trials. The Chief Justice of the Supreme Court only presides over the impeachment trial of a US President.
Does the Chief Justice have any power over the Associate Justices?
No. The only exclusive power of the Chief Justice is to preside over the trial of an impeached President.
Why would it be better if the chief justice to ruled over the trial of the president's impeachment instead of the vice president?
The chief justice has a pool of individuals in which to respond to for his actions as with the vice president, short of an act of congress, would be considered biased in his decision for impeachment. The main reason is that the president is the head of the executive branch of government while the Chief Justice is the head of the judicial branch of government. Nothing short of having one head of a separate branch of government preside over the possible removal of the head of another branch of government would legitimize such a removal. The correlation between two heads of government in this regard is apparent when one notes that the Chief Justice is required to preside at impeachment trials only when the president is tried. When lower federal officials are tried, some other presiding officer of the Senate (i.e., the Vice President, President pro tempore or other designated officer) presides over the trial.
When can the Chief Justice of the US Supreme Court not preside over the Court?
The Chief Justice would not preside over the US Supreme Court if he (or she) recuses himself from a case; is sick or otherwise disabled; is engaged in a Presidential impeachment trial; or is on trial in the Senate himself. In the absence of the Chief Justice, the Senior Associate Justice (the justice who has served on the Supreme Court longest) would take responsibility for the Court.
Who presides over the impeachment trial if the president or the vice president is impeached?
If the President is the one impeached, the Chief Justice of the Supreme Court presides over the trial.
