Ok first off, you asked about the president, impeachment and taken out of government; therefore, I am going to assume you mean the USA and the complete removal from office process.
I make that note because impeachment is only the first of two stages in a specific process for the legislative body to remove a president from office.
Here is how it works:
The impeachment procedure is in two steps.
1. The House first passes what is called "articles of impeachment" by a simple majority. This document contains the formal charges.
NOTE: At this point, the president has technically been impeached.
2. The Senate conducts a trial evaluating the charges where the Chief Justice of the United States presides over the proceedings. A two-thirds Senate majority vote is required to convict at this point where a conviction automatically removes the president from office.
Additionally, the Senate has the authority to bar a president from holding any future federal office.
If a two-thirds Senate majority does not vote 'Guilty', the president is acquitted and remains in office. Note: not voting Guilty doesn't mean 2/3 must vote 'Not Guilty'. The burden lies on guilt whereas some senators may choose not to be present for the vote or can pass on the vote in order to not be on record one way or the other.
2006-10-08 13:14:23
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answer #1
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answered by BeachBum 7
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In the United States, impeachment can occur both at the federal and state level. At the federal level, different standards apply when the impeachment involves a member of the executive branch or of the judiciary (and dispute currently exists over the use of impeachment against members of the legislative branch.) For the executive branch, only those who have allegedly committed "treason, bribery, or other high crimes and misdemeanors" may be impeached. Although treason and bribery are obvious, the Constitution is silent on what constitutes a "high crime or misdemeanor." Several commentators have suggested that Congress alone may decide for itself what constitutes an impeachable offense. The standard for impeachment among the judiciary is much broader. Article III of the Constitution states that judges remain in office "during good behavior," implying that Congress may remove a judge for bad behavior. The standard for impeachment of members of the legislature is/would be the same as the Executive standard, "treason, bribery, or other high crimes and misdemeanors."
The central question regarding the Constitutional dispute about the impeachment of members of the legislature is this: Are members of Congress "officers" of the United States? The Constitution grants to the House the power to impeach "The President, the Vice President, and all civil Officers of the United States." Many believe firmly that Members of Congress are not "officers of the United States." Source (pdf) (Navigate to page 7) Many others, however, believe that Members are civil Officers and are subject to impeachment. The House of Representatives did impeach a Senator once, Senator William Blount. The Senate expelled Senator Blount and, after initially hearing his impeachment, dismissed the charges for lack of jurisdiction. Left unsettled was the question "Are members of Congress civil officers of the United States?" In modern times, expulsion has become the preferred (albeit rare) method of dealing with errant Members of Congress, as each House has the authority to expel their own members—without involving the other chamber, as impeachment would require.
The impeachment procedure is in two steps. The House of Representatives must first pass "articles of impeachment" by a simple majority. (All fifty state legislatures as well as the District of Columbia city council may also pass articles of impeachment against their own executives). The articles of impeachment constitute the formal allegations. Upon their passage, the defendant has been "impeached."
Next, the Senate tries the accused. In the case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. Otherwise, the Vice President, in his capacity as President of the Senate, or the President pro tempore of the Senate presides. This may include the impeachment of the Vice President him- or herself, although legal theories suggest that allowing a person to be the judge in the case where s/he was the defendant wouldn't be permitted. If the Vice President did not preside over an impeachment, the duties would fall to the President Pro Tempore.
In order to convict the accused, a two-thirds majority of the senators present is required. Conviction automatically removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring them from holding future federal office (either elected or appointed). Despite a conviction by the Senate, the defendant remains liable to criminal prosecution. It is possible to impeach someone even after the accused has vacated their office in order to disqualify the person from future office or from certain emoluments of their prior office (such as a pension.) If a two-thirds majority of the senators present does not vote "Guilty" on one or more of the charges, the defendant is acquitted and no punishment is imposed.
2006-10-08 12:42:51
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answer #2
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answered by rosbif 6
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ask my lying buddy willie clinton LMAO he knows impeachment but does not know the meaning of small words
2006-10-08 12:35:52
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answer #3
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answered by Anonymous
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