I know that a President can, but I was wondering if the governor of your state is doing a crappy job, if you could impeach her? If it is possible, would her Lt Gov. be next in line or would they be gone like the govenor, too?
2007-03-26 05:24:03 · 11 answers · asked by Jennifer L 6 in Politics & Government ➔ Government
The state in Question is Michigan
2007-03-26 05:30:18 · update #1
Yes, any government official can be impeached - Presidents, Legislators & Judges, etc.
But you can't impeach people for doing a bad job. Impeachment is necessarily dependent upon a charge of criminal or significant unethical behavior to warrant removal.
Yes, Granholm is awful, but we're stuck with her for 4 more years. Ugh!
2007-03-26 05:35:59 · answer #1 · answered by Anonymous · 2⤊ 1⤋
Yes, the Governor of Michigan can be impeached but only for corrupt practices or crimes - which would be very hard to prove. And note that even if she were to be impeached, that does not necessarily mean that she would be removed from office - that is decided during the sentencing process after a conviction. The impeachment process is laid out in the Michigan Constitution, Article 11, Section 7. The articles are initiated in the House with a majority vote (51%) and completed (conviction) in the Senate with a 2/3 vote. The Chief Justice of the Michigan Supreme Court must preside over the hearing and trial. Your second question is answered in the Michigan Constitution, Article 5, Section 26 - the Lt. Governor succeeds as Governor if the current Governor is impeached, removed, dies, etc. Below are the relevant sections that I listed before:
ARTICLE 11, SECTION 7
The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office or for crimes or misdemeanors, but a majority of the members elected thereto and serving therein shall be necessary to direct an impeachment.
When an impeachment is directed, the house of representatives shall elect three of its members to prosecute the impeachment.
Every impeachment shall be tried by the senate immediately after the final adjournment of the legislature. The senators shall take an oath or affirmation truly and impartially to try and determine the impeachment according to the evidence. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside.
No person shall be convicted without the concurrence of two-thirds of the senators elected and serving. Judgment in case of conviction shall not extend further than removal from office, but the person convicted shall be liable to punishment according to law.
No judicial officer shall exercise any of the functions of his office after an impeachment is directed until he is acquitted.
ARTICLE V, SECTION 26:
In case of the conviction of the governor on impeachment, his removal from office, his resignation or his death, the lieutenant governor, the elected secretary of state, the elected attorney general and such other persons designated by law shall in that order be governor for the remainder of the governor's term.
2007-03-26 05:56:48 · answer #2 · answered by bella_figlia_dell_amore 2 · 2⤊ 0⤋
I have no idea about your state, but here in California there is a commitee that can decide to impeach the governorer. I believe the people can also do the same, but I don't know the logistics of it. Yes the lietenant governor would end up becoming governor. Or you could have a recall. The first vote decides if the person should be removed and the second decides who shall take his or her place.
FYI Should the governor of a state leave the state then the lietenant governor becomes president. In the United States though, should the president leave the US borders he is still acting president, should he die or be impeached.
2007-03-26 05:38:38 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Depends on the state. But it's not called impeachment. It's called a recall election.
"A recall election is a procedure by which voters can remove an elected official from office. Along with the initiative and referendum, it was one of the major electoral reforms advocated by leaders of the Progressive movement in the United States during the late 19th and early 20th centuries. This movement was less than successful because in the United States recall elections are currently prohibited in the federal system. The majority of states allow recall elections in local jurisdictions, but only 18 states permit recall elections to remove statewide officers (as of 2006)."
This is how Governor Davis of California was removed and Arnold became Governor.
Also, don't confuse impeachment with actual removal of a public official. "In the constitutions of several countries, impeachment is the first of two stages in a specific process for a legislative body to remove a government official without that official's agreement. The second stage is called conviction.
Impeachment is so rare that the term is often misunderstood. A typical misconception is to confuse it with involuntary removal from office; in fact, it is only the legal statement of charges, parallelling an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict."
Federal impeachment in the USA is set up for the presidential office, judiciary offices, and legislative offices. It is also extremely rare and considered a last resort, having only been initiated "62 times since 1789."
I have no idea how states that don't allow recall elections get rid of bad officials at the state level, unless they just have to wait it out until the end of the person's term, excluding federal legislative members.
2007-03-26 05:27:39 · answer #4 · answered by Raising6Ducklings! 6 · 2⤊ 1⤋
You would do a recall. The Lt Governor would not neccessarily be next in line. Look at what happened in California. The governor was such a liberal hack and a crook they did a Recall and then held an election where Arnold Schwarzenegger was elected. The Lt. Governor had to run against him to try to get the job.
2007-03-26 05:35:12 · answer #5 · answered by Sane 6 · 1⤊ 0⤋
California law:
(b) State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct in office. Judgment may extend only to removal from office and disqualification to hold any office under the State, but the person convicted or acquitted remains subject to criminal punishment according to law.
2007-03-26 05:27:37 · answer #6 · answered by Anonymous · 1⤊ 1⤋
You can't impeach anyone because you think they are doing a crappy job. If it were true we would not have the Democrats. Get a clue.
2007-03-26 05:28:32 · answer #7 · answered by Anonymous · 2⤊ 2⤋
No, but Governers can be recalled. Grey Davis was recalled in California, and Arlod won the recall race.
2007-03-26 05:28:18 · answer #8 · answered by Guess Who 6 · 2⤊ 0⤋
I wished they would impeach our WI Gov.
2007-03-26 05:27:35 · answer #9 · answered by Anonymous · 1⤊ 2⤋
Please check with the constitution of the state in question.
2007-03-26 05:27:59 · answer #10 · answered by kearneyconsulting 6 · 1⤊ 1⤋