What would you like to do?
Would the chief justice be involved in the formal process of impeaching and removing the president?
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 co…mmittee 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.
Under present Senate rules, the Chief Justice of the US presides over the Senate during an impeachment trial.
do something unconstatutional
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 offi…ceholders 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. For more information, see Related Questions, below.
Under Article II of Section 4 in the U.S. Constitution "...shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misde…meanors." The exact definition of what constitutes an impeachable offense is up to Congress to decide. The House decides what the charges are. The Senate holds the trial and serves as jury with the Chief Justice presiding in the trial.
The Justices of the US Supreme Court. Impeachment is voted on by Congress.
What constitutional Article states that the Chief Justice presides over a President's impeachment trial?
Article I, Section 3, Clause 6 (Trial of Impeachments) addresses the authority of the Senate in impeachment trials: "The Senate shall have the sole power to try all im…peachments. 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." For more information, see Related Questions, below.
A vote for impeachment in the House
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.
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 d…ecision 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.
Why does the chief justice-not the president of the senate-preside over the impeachment trial of a president?
Such is what the rules of the Senate say. The president of the Senate is the vice-president who would take the president's office if he were convicted. He would have a conflic…t of interest, to be sure. Also, it is good to have an experienced judge rule over such an important trial.
The 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 p…resident 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?
By forwarding an appeal of misbehave and inability.
Yes, why not . . , ? ?he can be removed by the president on the recommendation of the parliament.
The 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 tha…t position due to article I section 3 paragraph 7 of the US Constitution.
This requirement is a mandate of the US Constitution.
Holding a hearing before the full senate