High Crimes and Misdemeanors in Impeachment

High Crimes and Misdemeanors in Impeachment â€Å"High Crimes and Misdemeanors† is the rather ambiguous phrase most often cited as grounds for the impeachment of U.S. federal government officials, including the President of the United States. What are High Crimes and Misdemeanors? Background Article II, Section 4 of the U.S. Constitution provides that, â€Å"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.† The Constitution also provides the steps of the impeachment process leading to the possible removal from office of the president, vice president, federal judges, and other federal officials. Briefly, the impeachment process is initiated in the House of Representatives and follows these steps: The House Judiciary Committee considers evidence, holds hearings, and if necessary, prepares articles of impeachment – the actual charges against the official.If a majority of the Judiciary Committee votes to approve the articles of impeachment, the full House debates and votes on them.If a simple majority of the House votes to impeach the official on any or all of the articles of impeachment, then the official must then stand trial in the Senate.If a two-thirds supermajority of the Senate votes to convict the official, the official is immediately removed from office. In addition, the Senate may also vote to forbid the official from holding any federal office in the future. While Congress has no power to impose criminal penalties, such as prison or fines, impeached and convicted officials may subsequently be tried and punished in the courts if they have committed criminal acts. The specific grounds for impeachment set by the Constitution are, â€Å"treason, bribery, and other high crimes and misdemeanors.† In order to be impeached and removed from office, the House and Senate must find that the official had committed at least one of these acts. What are Treason and Bribery? The crime of treason is clearly defined by the Constitution in Article 3, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.†The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. In these two paragraphs, the Constitution empowers the United States Congress to specifically create the crime of treason. As a result, treason is prohibited by legislation passed by Congress as codified in the United States Code at 18 U.S.C.  § 2381, which states: Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. The Constitution’s requirement that a conviction for treason requires the supporting testimony of two witnesses comes from the British Treason Act 1695. Bribery is not defined in the Constitution. However, bribery has long been recognized in English and American common law as an act in which a person gives any official of the government money, gifts, or services to influence that official’s behavior in office. To date, no federal official has faced impeachment based on grounds of treason. While one federal judge was impeached and removed from the bench for advocating  in favor of succession and serving as a judge for the Confederacy during the Civil War, the impeachment was based on charges of refusing to hold court as sworn, rather than treason. Only two officials- both federal judges- have faced impeachment based on charges that specifically involved bribery or accepting gifts from litigants and both were removed from office. All of the other impeachment proceedings held against all federal officials to date have been based on charges of â€Å"high crimes and misdemeanors.† What are High Crimes and Misdemeanors? The term â€Å"high crimes† is often assumed to mean â€Å"felonies.† However, felonies are major crimes, while misdemeanors are less serious crimes. So under this interpretation, â€Å"high crimes and misdemeanors† would refer to any crime, which is not the case. Where Did the Term Come From? At the Constitutional Convention in 1787, the framers of the Constitution viewed impeachment to be an essential part of the system of separation of powers providing each of the three branches of government ways to check the powers of the other branches. Impeachment, they reasoned, would give the legislative branch one means of checking the power of the executive branch. Many of the framers considered Congress’ power to impeach federal judges to be of great importance since they would be appointed for life. However, some of the framers opposed providing for the impeachment of executive branch officials, because the power of the president could be checked every four years by the American people through the electoral process. In the end, James Madison of Virginia convinced a majority of the delegates that being able to replace a president only once every four years did not adequately check the powers of a president who became physically unable to serve or abused the executive powers. As Madison argued, â€Å"loss of capacity, or corruption . . . might be fatal to the republic† if the president could be replaced only through an election. The delegates then considered the grounds for impeachment. A select committee of delegates recommended â€Å"treason or bribery† as the only grounds. However, George Mason of Virginia, feeling that bribery and treason were only two of the many ways a president could willfully harm the republic, proposed adding â€Å"maladministration† to the list of impeachable offenses. James Madison argued that â€Å"maladministration† was so vague that it might allow Congress to remove presidents based purely on a political or ideological bias. This, argued Madison, would violate the separation of powers by giving the legislative branch total power over the executive branch. George Mason agreed with Madison and proposed â€Å"high crimes and misdemeanors against the state.† In the end, the convention reached a compromise and adopted â€Å"treason, bribery, or other high crimes and misdemeanors† as it appears in the Constitution today. In the Federalist Papers, Alexander Hamilton explained the concept of impeachment to the people, defining impeachable offenses as â€Å"those offences which proceed from the misconduct of public men, or in other words from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated political, as they relate chiefly to injuries done immediately to the society itself.† According to the History, Arts, and Archives of the House of Representatives, impeachment proceedings against federal officials have been initiated more than 60 times since the Constitution was ratified in 1792. Of those, fewer than 20 have resulted in actual impeachment and only eight – all federal judges – have been convicted by the Senate and removed from office. The â€Å"high crimes and misdemeanors† alleged to have been  committed by the impeached judges have included using their position for financial gain, showing overt favoritism to litigants, income tax evasion, the disclosure of confidential information, unlawfully charging people with contempt of court, filing false expense reports, and habitual drunkenness. To date, only three cases of impeachment have involved presidents: Andrew  Johnson in 1868, Richard Nixon in 1974, and Bill Clinton in 1998. While none of them were convicted in the Senate and removed from office through impeachment, their cases help reveal Congress’ likely interpretation of â€Å"high crimes and misdemeanors.† Andrew Johnson As the lone U.S. Senator from a Southern state to remain loyal to the Union during the Civil War, Andrew Johnson was chosen by President Abraham Lincoln to be his vice-presidential running mate in the 1864 election. Lincoln had believed Johnson, as vice president, would help in negotiating with the South. However, shortly after taking over the presidency due to  Lincoln’s assassination in 1865, Johnson, a Democrat, ran into trouble with the Republican-dominated Congress over the Reconstruction of the South. As fast as Congress passed Reconstruction legislation, Johnson would veto it. Just as quickly, Congress would override his veto. The growing political friction came to a head when Congress, over Johnson’s veto, passed the long ago repealed Tenure of Office Act, which required the president to get the approval  of Congress to fire any executive branch appointee that had been confirmed by Congress. Never one to back down to Congress, Johnson immediately fried Republican secretary of war, Edwin Stanton. Though Stanton’s firing clearly violated the Tenure of Office Act, Johnson simply stated that the considered the act to be unconstitutional. In response, the House passed 11 articles of impeachment against Johnson as follows: Eight for violations of the Tenure of Office Act;One for using improper channels to send orders to executive branch officers;One for conspiring against Congress by publicly stating that Congress did not truly represent the Southern states; andOne for failure to enforce various provisions of the Reconstruction Acts. The Senate, however, voted on only three of the charges, finding Johnson not guilty by a single vote in each case. While the charges against Johnson are considered to have been politically motivated and not worthy of impeachment today, they serve as an example of actions that have been interpreted as â€Å"high crimes and misdemeanors.† Richard Nixon Shortly after Republican President Richard Nixon had easily won re-election to a second term in 1972, it was revealed that during the election, persons with ties to the Nixon campaign had broken into the Democratic Party national headquarters at the Watergate Hotel in Washington, D.C. While it was never proven that Nixon had known about or ordered the Watergate burglary, the famed Watergate tapes – voice recordings of Oval Office conversations – would confirm that Nixon had personally attempted to obstruct the Justice Department’s Watergate investigation. On the tapes, Nixon is heard suggesting paying the burglars â€Å"hush money† and ordering the FBI and CIA to influence the investigation in his favor. On July 27, 1974, the House Judiciary Committee passed three articles of impeachment charging Nixon with obstruction of justice, abuse of power, and contempt of Congress by his refusal to honor the committee’s requests to produce related documents. While never admitting having a role in either the burglary or the cover-up, Nixon resigned on August 8, 1974, before the full House voted on the articles of impeachment against him. â€Å"By taking this action,† he said in a televised address from the Oval Office, â€Å"I hope that I will have hastened the start of the process of healing which is so desperately needed in America.† Nixon’s vice president and successor, President Gerald Ford eventually pardoned Nixon for any crimes he may have committed while in office. Interestingly, the Judiciary Committee had refused to vote on a proposed article of impeachment charging Nixon with tax evasion because the members did not consider it to be an impeachable offense. The committee based its opinion of a special House staff report titled, Constitutional Grounds for Presidential Impeachment, which concluded, â€Å"Not all presidential misconduct is sufficient to constitute grounds for impeachment. . . . Because impeachment of a President is a grave step for the nation, it is predicated only upon conduct seriously incompatible with either the constitutional form and principles of our government or the proper performance of constitutional duties of the presidential office.† Bill Clinton First elected in 1992, President Bill Clinton was reelected in 1996. Scandal in Clinton’s administration began during his first term when the Justice Department appointed an independent counsel to investigate the president’s involvement in â€Å"Whitewater,† a failed land development investment deal that had taken place in Arkansas some 20 years earlier.   The Whitewater investigation blossomed to include scandals including Clinton’s questionable firing of members of the White House travel office, referred to as â€Å"Travelgate,† the misuse of confidential FBI records, and of course, Clinton’s infamous illicit affair with White House intern Monica Lewinsky. In 1998, a report to the House Judiciary Committee from Independent Counsel Kenneth Starr listed 11  potentially impeachable offenses, all related only to the Lewinsky scandal. The Judiciary Committee passed four articles of impeachment accusing Clinton of: Perjury in his testimony before a grand jury assembled by Starr;Providing â€Å"perjurious, false and misleading testimony† in a separate lawsuit related to the Lewinsky affair;Obstruction of justice in an attempt to â€Å"delay, impede, cover up and conceal the existence† of evidence; andAbuse and misuse of presidential powers by lying to the public, misinforming his cabinet and White House staff to gain their public support, wrongly claiming executive privilege, and refusing to respond to the committee’s questions. Legal and constitutional experts who testified at the Judiciary Committee hearing gave differing opinions of what â€Å"high crimes and misdemeanors† might be. Experts called by congressional Democrats testified that none of Clinton’s alleged acts amounted to â€Å"high crimes and misdemeanors† as envisioned by the framers of the Constitution. These experts cited Yale Law School professor Charles L. Black’s 1974 book, Impeachment: A Handbook, in which he argued that impeaching a president effectively overturns an election and thus the will of the people. As a result, Black reasoned, presidents should be impeached and removed from office only if proven guilty of â€Å"serious assaults on the integrity of the processes of government,† or for â€Å"such crimes as would so stain a president as to make his continuance in office dangerous to public order.† Black’s book cites two examples of acts that, while federal crimes, would not warrant the impeachment of a president: transporting a minor across state lines for â€Å"immoral purposes† and obstructing justice by helping a White House staff member conceal marijuana. On the other hand, experts called by congressional Republicans argued that in his acts related to the Lewinsky affair, President Clinton had violated his oath to uphold the laws and failed to faithfully carry out his duties as the government’s chief law enforcement officer. In the Senate trial, where 67 votes are required to remove an impeached official from office, only 50 Senators voted to remove Clinton on charges of obstruction of justice and only 45 Senators voted to remove him on the charge of perjury. Like Andrew Johnson a century before him, Clinton was acquitted by the Senate. Last Thoughts on ‘High Crimes and Misdemeanors’ In 1970, then-Representative Gerald Ford, who would become president after the resignation of Richard Nixon in 1974, made a notable statement about the charges of â€Å"high crimes and misdemeanors† in impeachment. After several failed attempts to convince the House to impeach a liberal Supreme Court justice, Ford stated that â€Å"an impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.† Ford reasoned that â€Å"there are few fixed principles among the handful of precedents.† According to constitutional lawyers, Ford was both right and wrong. He was right in the sense that the Constitution does give the House the exclusive power to initiate impeachment. The vote of the House to issue articles of impeachment cannot be challenged in the courts. However, the Constitution does not give Congress the power to remove officials from office due to political or ideological disagreements. In order to ensure the integrity of the separation of powers, the framers of the Constitution intended that Congress should use its impeachment powers only when executive officials had committed â€Å"treason, bribery, or other high crimes and misdemeanors† which substantially damaged the integrity and effectiveness of government.

How to Say Weekend in French

How to Say Weekend in French The expression weekend is definitely an English word. We borrowed it in French, and use it a lot in France. Le Week-end, Le Weekend, La Fin de Semaine In France, two spellings are acceptable: â€Å"le week-end† or â€Å"le weekend†. A lot of books will tell you the French word for it is â€Å"la fin de semaine†. I’ve never heard it used around me, nor have I used it myself. It may be the French official word for â€Å"weekend†, but in France, it’s not very used at all. - Qu’est-ce que tu vas faire ce weekend? What are you going to do this weekend?-  Ce weekend, je vais chez des amis en Bretagne. This weekend, I’m visiting some friends in Brittany. What Days Are the Weekend in France? In France, the weekend usually refers to Saturday (samedi) and Sunday (dimanche) being off. But it’s not always the case. For example, high school students often have classes on Saturday morning. So, their weekend is shorter: Saturday afternoon and Sunday. Many shops and businesses (such as banks) are open on Saturday, closed on Sunday, and they often are closed on Monday to keep a two-day weekend. This is not so much the case in bigger cities or with shops with employees that can take turn, but it’s very common in smaller towns and villages.   Traditionally almost everything was closed on Sunday. This French law was to protect the French lifestyle and the traditional Sunday lunch with family. But things are changing, and more and more businesses are open on Sundays nowadays.   Les Dparts en Weekend On Friday after work, French people migrate. They take their car, and leave the city to go to... a friends house, a romantic getaway, but quite often also their countryside house: la maison de campagne, which maybe in the countryside, by sea, or in the mountain, but the expression refers to a weekend / vacation house outside of the city. They come back on Sunday, usually late afternoon. So, you can expect big(ger) traffic jams on these days and times. Ouvert tous les jours = Open every day... or not! Be very careful when you see that sign†¦ For the French, it means open every day†¦ of the working week! And the shop will still be closed on Sundays. There will usually be a sign with the actual opening hours and days, so always check it. Quels sont vos jours et horaires douverture ?What days and at what time are you open? Faire le Pont = To have a four day weekend Learn more details about this very French expression and concept.

Marketing Analysis of HSBC Premier Services Case Study

Marketing Analysis of HSBC Premier Services - Case Study Example This is accompanied by an international debit card to help customers access their fund internationally. The customers have an unlimited access to a relationship manager to take care of all their concerns. On request, all customers are provided with an independent financial advisor (IFA) to advise on further accounts management, opening, borrowing and savings. Specific account holders have access to family travel insurance as they travel all over the world. (HSBC Bank UK, 2008, Online) The banking communication is also accessible through out the day with customer being able to call or use internet to make enquiries. Any overdrafts below 500 do not attract any interest. Any overdrafts above 500 and below 5000 will attract interests with the latter being the upper limit for overdrafts allowed. Customers are not required to pay for the set up of the account. However there is a 9.9% EAR surcharged. The overdrafts ceiling is subject to review on a case by case basis. (HSBC Bank UK, 2008, Online) The HSBC have acknowledged that the internet transaction technology came with its challenges. Thus they have put up robust measure to protect the customers against the vice of identity and transaction theft. Customer will therefore not be subjected to any charges of overdrafts occasioned by online theft. Finally customer's have the privilage of cashing a check of upto 2000 for a paid in cheque over the counter. (HSBC Bank UK, 2008, Online) How the product/company is performing (brand share, sales etc) In the UK, the HSBC has felt the impact of the bottom of the cycle. The HSBC Premier has been targeting the commercial properties segment which in the last quarter of 2007 was impacted by the pricing problem. This period saw the capital values go down 11.8% as an extension drop from the Q2 of 2007. (Investment Property Data Bank, 2007, Online)(HSBC Premier, 2008. p.1-7) But since the momentum of capital value reduction is going down, it can be justifiably noted that the HSBC Premier Property Market is moving to the bottom of the cycle. The share capital value declined by about 2% in January 2008 in comparison to the 4.2% in December 2007. Thus the capital share value is picking up positively towards a fair value. (HSBC Premier, 2008. p.7) This correction has had an impact on the market sales even with the prices declining further. The customers have therefore been overreacting to the sale buy buying more capital through HSBC Premier Services. These increased sale could be risky to the economy of UK as the retailers could be working on false values of property. If this outlook is exploited by the impending development plan at the central London, there could be a bleaker and more suppressed rental value for houses. Overall the market is suffering from weakened currency, slowed equity market, mixed performance of the mortgage loans, unstable interest rates and harsh economic conditions (HSBC Premier, 2008. p.7) The brands targets, segment appeals and available marketing competition in that banking sector HSBC Premier is targeting a range of middle to upper income class customer. This is evident in their setting of minimum overdrafts and maximum overdrafts. The second evidence is in the way the respective overdrafts will be subjected to interest rates and

Portfolio Annotated Bibliography Example | Topics and Well Written Essays - 2250 words

Portfolio - Annotated Bibliography Example This article is about a study where women are offered a variety of birth control methods. The results from the study stipulate that most women who chose long acting techniques such as implants which lower the chances of acquiring pregnancy other than birth control pills do not worry about unplanned pregnancies. Notably, it shows that birth control reduced rates of abortion in United States from 19.6 abortions per 1000 women to approximately 4.4 abortions per 1000 women. In addition, the article notes that the introduction of birth control measures reduced rates of birth among teenage girls from 34.3 per 1000 girls to 6.3 per 1000 girls. This article exposes an individual to the effects of birth control on abortion rates. National Public Radio (2012, October 8). Cloud Computing Saves Health Care Industry Time And Money: All Tech Considered: NPR. Retrieved  October  8, 2012, from http://www.npr.org/blogs/alltechconsidered/2012/10/01/162080613/cloud-computing-saves-health-care-industry-time-and-money This article explains how cloud computing power makes it less expensive and easier for clinicians and firms to find out newfangled cures and medicinal drugs. Notably, the article portrays that analysis of data that used to take a long time and was expensive can now be done for lesser time and at a lesser cost. In essence, health care organizations can lease gigantic workstation resources per hour at relatively cheap charges. The aptitude to examine and evaluate colossal information in this manner has changed a lot of industries including health care. Needless to say, the article notes that cloud computing has aided medical research where a doctor or any other health care practitioner can use the internet to search for other cases of a disease or a disorder. Cloud computing has aided researchers to evaluate and sequence large amounts of data which is not possible for a person to do on his or her own. Amazon is an excellent

Importance of Character in Homers Odyssey Essay -- Odyssey essays

Importance of Character in Homer's Odyssey Odyssey, by Homer, is about Odysseus, the king of Ithaca. Odysseus fights in the Trojan War and wins. He travels towards Ithaca but does not reach it because he is not in favor of Poseidon, god of the sea, who prevents his return. For many years, Odysseus wanders the seas and has many adventures. Meanwhile, suitors attempt to marry Penelope, Odysseus' wife, but she remains faithful to her husband. The gods pity Odysseus and assist in his safe return to Ithaca. Though Odysseus has the help of the gods, his personal qualities contribute to his survival in the seas and the return to his family in Ithaca. Odysseus' personal qualities of bravery, self-discipline, and intelligence also help him to survive. Bravery is one of Odysseus' qualities that enable him to survive his adventures. In one adventure, Odysseus encounters the goddess, Circe who has turned his men into pigs. Eurylochus escapes from Circe and tells Odysseus what has happened. When Odysseus offers to rescue the men, Eurylochus says that no man can return alive. Knowing this, the brave Odysseus says, "very well, Eurylochus, you may stay here in this place, eat and drink beside the ship. But as for me, go I must, and go I will" (Line #). In another adventure, Odysseus must visit Hades, the kingdom of the dead. When he arrives, he takes out a cup of blood for the prophet, Teiresias, which attracts all of the dead souls. "All this crowd gathered about the pit from every side, with a dreadful great noise, which made me pale with fear" (Line #). Despite Od... ...sp; Odysseus' intelligence with the Sirens, the Cyclops, and in his plan to kill the suitors, helps him to survive and regain his family. Odysseus' personal qualities of bravery, self-discipline, and intelligence contribute to his survival at sea and his return to his family in Ithaca. His bravery is shown through his encounters with Circe, the dead souls, and Scylla. Self-discipline is shown through the adventures with the wooden horse, Nausicaa, and in disguise as a beggar. And intelligence is shown through the encounters with the Sirens, the Cyclops, and the suitors. Professors Comments Always underline titles of long, epic poems. When quoting, always give the line number of the quote. You have a clear thesis statement, which you fully discuss in your paper.

Chem Answers Essay

Exercise 1. What safety equipment is available to you while you do your experiments? How far are they from you while you are conducting your experiments?This includes fire extinguishers, phones, showers, etc. The safety equipment that I have access to while performing my experiments are as follows; shower, fire alarms and a telephone. They are all within ten feet from where the experiment will take place. 2. What is an MSDS? MSDS is a document that is required by Osha’s â€Å"Hazard Communication† for all existing chemicals that are currently sold. 3. What can make glassware unusable? Glassware is unusable in an experiment when it is chipped, broken, or cracked. 4. When should you wear goggles in the lab? You should wear safety goggles at all time. 5. How long should you wash your eyes if you get a chemical in them? If you have contact with chemicals in your eye, it should be rinsed for ten minutes. 6. What should you do if your clothing catches on fire? If your clothes should catch on fire during your experiment, you should use the safety shower if you have one. Otherwise, stop-drop-roll and yell or use a fire blanket. 7. How should you heat the liquid in a test tube to a temperature less than 100 C? If you are heating liquid in a test tube to a temperature less than 100 degrees. You should use a test tube holder, clamp and hot water. 8.   What do the following symbols mean? DangerousOxidizerRadioactiveCorrosive ________________ _________________ _______________ ______________ 9. What does each of the small diamonds in the NFPA fire diamond mean? Blue- Health section Red- Flammability Yellow- Reactivity White- Special condition 10. Why should you remove jewelry prior to entering the lab for an experiment? Jewelry should always be removed prior to an experiment. Rings can trap the chemical that you are working with against the skin. Necklaces can dangle and knock dangerous chemical over. 11. What type of clothing should you wear in lab? The type of clothing that you should wear would be; leather shoes, long pants or skirts, sturdy cotton fabric, and older clothes are advised. 12. If your Bunsen burner goes out or you smell gas, what should you do? If you should be working with a Bunsen burner and the flame should extinguish or you smell gas, turn the gas off.

Effective And Ineffective Styles Of Leadership - 1676 Words

People have always asked if there is any style of leadership that is most effective. Nevertheless, numerous theories and models have been created to show that there is no style of leadership that is the best. Rather, styles of leadership need to adjust depending on the variables such as the leader, the situation, the subordinate, the task, the environment and other factors. Paul Hersey, Kenneth H. Blanchard, and Dewey E. Johnson noted that if the leader’s style of behavior is appropriate or matches the situation it is considered effective. If it is not appropriate to a given situation, it is deemed ineffective. The difference between the effective and ineffective styles is often not the actual behavior of the leader, but the appropriateness of that behavior to the environment in which it is used. In reality, the third dimension is the environment. Situational Leadership is about using the right leadership style in conjunction with the readiness level of the one being led. Situational leadership defines the right action as what the follower needs in a particular situation. Brady Pyle pointed out that great Leaders do not treat all followers the same, nor do they treat any single follower in the same manner all the time. They analyze the situation, identify what the follower needs to function and grow in that particular situation, and then proceed accordingly. Adapting the Nigerian church leadership style to suit the American context has become inevitable for TACShow MoreRelatedThe Importance Of Leadership Styles Both Effective And Ineffective1225 Words   |  5 PagesThe Army defines leadership as, â€Å"influencing people by providing purpose, direction, and motivation, while operating to accomplish the mission and improve the organization† (FM-6001-100). Over the past year and a half while attending NMMI I have had the opportunity to observe various types of leadership styles both effective and ineffective. 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