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The Senate has the right to try a President who has been impeached for "high crimes and misdemenors" because that is how the process was established in the US Constitution. The House of Representatives has the responsibility of determining whether to impeach a President. That is the rough equivalent of an inditement in the criminal court system.

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โˆ™ 2008-12-15 04:05:53
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Q: Why does the Senate have the right to convict the president of impeachment?
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Related Questions

Who has the right to impeach the president?

Congress. The House of Representatives does the impeachment, with the Senate conducting a trial of the President on the charges listed in the impeachment.

Where in the Constitution does it tells us who is required to convict or remove a president?

The right of the House to impeach appears in Article I, section2, last paragraph.The duty of Senate to hold impeachment trials and the 2/3 requirement to convict appears in Article I section 3 , paragraph 6.

Who has the right to convict the president or any other federal official after impeachment?

The house of Representatives but the Supreme Court must approve of it first.

Where is congress' right to impeach?

Only the House of Representatives can impeach a president. Impeachment is something like an indictment, it is a formal accusation and not a conviction. After impeachment by the House of Representatives, the Senate tries the president and decides guilt or innocence. Two US presidents, Andrew Johnson and Bill Clinton, have been impeached. Neither was found guilty by the Senate. Nixon was probably heading for impeachment, but he was pardoned by Gerald Ford before that could happen.

Which US governmental body has the sole right to hold impeachment trials?

Congress. Specifically the Senate. The House is the body that votes whether to Impeach or not. The Senate, if the vote in the House was for Impeachment, then conducts the actual trial.

When Andrew Johnson was impeached in 1868 did he have to leave office right away?

Johnson was acquitted by the Senate of the impeachment charges brougth forth by the House. He did not have to leave office and so served out his full term. ( Impeachment is only the first step in removing the President. If a President is impeached, the Senate holds a trial and 2/3 of the senators must vote for conviction in order to remove him from office. )

Does the US Supreme Court have jurisdiction over cases of impeachment?

No. Congress handles the impeachment and trial of government officials accused of wrongdoing.The House of Representatives has the exclusive right to impeach, or bring articles of impeachment (charges) against an individual. If the House votes in favor of impeachment, which is analogous to a grand jury indictment in the judicial system, the case proceeds to trial in the Senate. If a person is convicted in the Senate, he or she is removed from office; there are no other penalties associated with impeachment.The only time the Supreme Court is involved in the impeachment process is if the official being impeached is the President of the United States. If the President is brought to trial, the Chief Justice of the Supreme Court presides over the Senate trial; otherwise, the Vice-President performs this function.For more information, see Related Questions, below.

Where is the power to preside over impeachment of the president of the US given in the Constitution?

After the House passes a bill of impeachment, the Senate holsd a trial and the trial is presided over by the Chief Justice of the Supreme Court. This is specified in the Standing Rules of the US Senate. The right to make such rules is given by Article One, section 5 of the Constitution. They are subject to change by a 2.3 vote of the Senate.

What president resigned right before a possible impeachment?

Richard Nixon

What can happen to the president if he fails to uphold his duties?

A president of the United States can be impeached and stand trial for removal from the office under certain specific conditions. He or she must have committed treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power of impeachment, whereas the Senate holds the exclusive right to conduct the trial of the impeachment.

Who is the head of senate in the US?

Based on the Constitution the VP of the US is President of the Senate without voting right

Can US citizens demand impeachment of the President?

The airing of grievances has always been a right of U. S. citizens, but it's up to Congress to decide if impeachment is warranted.

When does the vice president who is the president of the senate have the right to vote?

The VP can only vote in the Senate if there is a tie vote . In which case, he can break the tie, if he so chooses.

Who is the president pro tempore of the senate right now?

the pro tempore president is Allen west

Is your teacher right if she said Andrew Jackson was impeached?

No. Andrew Jackson was never impeached; a later President, Andrew Johnson was. Many people confuse impeachment with being removed from office. In reality, being impeached simply means the US House of Representatives voted to file charges, called Articles of Impeachment, against a government official. After someone is impeached he (or she) has the right to a trial in the Senate to determine whether he is guilty of the charges and should be removed from office. President Johnson was impeached by the House of Representatives, but the Senate voted to acquit him (found him not guilty), so he remained in office until the end of his term.

Why wasn't Ronald Reagan impeached?

Well, the only way a president can be impeached is if Congress votes him out by majority, and they can only do that if the Supreme Court allows it. The Supreme Court would allow it if the president were to break the constitution, and they would vote to impeach him. Did Ronald Reagan ever break the constitution or any other important law? NO. The reason people wanted to impeach him was some people did not LIKE him, but that is no excuse for impeachment. People talk about that they should have their right to get rid of the government if they do not LIKE it, but that is just being foolish and impulsive on unreasonable anger. This government has not reached that point in corruption as what that right was necessary for fixing.Now for reality...Presidents are impeached by Congress. The House takes up the matter of impeachment. If they vote, by simple majority, against the president the impeachment is referred to the Senate. There, two-thirds of the senators (67 in today's 100-member Senate) must vote to convict to remove the president. The only function of the Supreme Court in the impeachment process is the Chief Justice serves as president of the Senate during the trial. (The regular president of the Senate (the vice president) steps aside, as he's got a dog in this fight--if the president is removed, the vice president becomes president. As you remember, when the constitution was written the man who came in second in the presidential race was the vice-president, so they figured he might try some shenanigans to boot the elected president.) Should Reagan have been impeached? No. He was accused of directing the CIA to funnel money from Iranian missile sales to aid anti-communist rebels in Nicaragua. While his critics claim this may have violated an amendment to recent legislation called the Boland amendment, the President's position was that it did not. Furthermore, on congressional testimony. John Poindexter, Reagan's National Security Advisor at the time, unequivocally took responsibility for the money funneling operation and swore under oath that Reagan was never advised of the plan. Some accuse Poindexter of lying to Congress but without witnesses to Reagan's involvement, the Democrats couldn't move forward with impeachment.

What is the only occasion in which the Senate majority leader gets to vote on the floor of the Senate?

The Majority Leader of the US Senate, as a sitting member of the Senate, has the right to vote on any measure pending before the Senate. Senator Harry Reid, the current Majority Leader, did not lose his right to vote when selected to his post of Majority Leader. A similar situation exists in the House of Representatives, where the Speaker of the House retains the right to vote. Perhaps you are referring to the right of the Vice-President of the United States to vote when presiding over the Senate as President of the Senate? The Constitution designates the Vice President of the United States as "President of the Senate." In practical terms, it is not possible today for the Vice President to preside over the Senate at all times and a "President Pro Tem" is selected. However, when the Vice President is presiding as President of the Senate AND the vote is TIED, then the Vice President casts a vote and breaks the tie. This occurred when then Vice Presiden Al Gore broke a tie in 1994 for the Clinton Economic Plan to pass the Senate. You might want to refer to the following talk from Senator John Danforth on the US Senate website:

What part of the Constitution gives Congress the right to impeach the US President?

According to the U.S. Constitution (Article I, Section 2, Clause 5): "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment." Remember that an impeachment is only a formal accusation of wrongdoing; when a government official is impeached, his case is then tried in the Senate. Congress can check the president by refusing to appropriate money for an executive department.It can also refuse to authorize the creation of new administrative agencies and can abolish existing ones. The senate can reject a treaty made by the president. (A two-thirds vote of the senate is required to ratify a treaty.) It can reject presidential appointments by a majority vote. The House of Representatives has the power to impeach the president, that is, to charge that official with wrongdoing.

What is the right of the senate to approve or disapprove a treaty made by the president is an example of?

States' rights.

What party is the president pro tempore from?

whichever has the majority in the senate. Right now, that is the democrats.

Can a president and vice president be from different parties?

If there is an electorial tie, the House chooses the President and the Senate chooses the Vice President. Right?? Well, what could the party line be split?

Who will sit behind the President in the State of the Union address?

Over the right shoulder of the president is the president pro tempts of the senate. Over the left is the speaker of the house.

What government body has the soul right to begin impeachment proceeding?

The U.S. House of representatives is given the sole power of impeachment by Article I, Section 2, of the Constitution. While the Senate is granted sole power to try impeachments, the House determines what is considered an impeachable offense.

Who has the right to veto?

Veto means to stop legislation from becoming law. The President of the US has the power to veto. When a bill passes the House of Representatives, it is sent on to the Senate. If the Senate passes the bill, it is sent on to the President, who can sign it into law or veto.

Can we impeach Barack Obama?

The only authority to impeach a President under the law is the USA Senate. However, its a long process, and that is why there is not many impeachments. In our history there has only been 4 impeachments brought against the POTUS. The House of Representatives brings the charge against the President, and then it travels to the Senate. Only the senate has the right to remove a President. The Chief Justice of the Supreme Court will attend this trial. The Senate may prohibit a President from serving a second term.