A Veteran for Peace
2005-11-05 19:57:03 UTC
http://onlinejournal.com/artman/publish/article_112.shtml
Commentary
Twenty questions about impeaching a vice president
By Mary Maxwell, Ph.D.
Online Journal Guest Writer
Nov 4, 2005, 15:33
1. Q: How long would it take to eject a vice president from office
by impeachment?
A: Theoretically it could be done in a day. In the morning a member
of the House of Representatives could propose one or more Articles of
Impeachment and then a vote could be called. A simple majority (50%
plus one vote) is all that is needed to impeach. In the afternoon the
Senate could try the case. A two-thirds vote is needed in the Senate
to convict.
2. Q: Why is it so simple?
A: Because ejecting a person from high office is political, not
judicial. The only punishment to be meted out is removal from office.
3. Q: What is an impeachable offense?
A: An impeachable offense can be as nebulous as He practices
cronyism. We can call this a misdemeanor. According to the
Constitution, Article II, Section 4, 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. President Gerald Ford was correct
when he said in 1970 that, An impeachable offense is whatever the
majority of the House of Representatives considers it to be at any
given moment in its history.
4. Q: Is there any good argument against impeaching a vice
president based on the notion that the person of greater authority
the president - should take responsibility for whatever happens in his
administration?
A: No, none whatsoever.
5. Q: Would the Senate have to provide such things as reasonable
time for the defense to prepare its case, and a close scrutinizing of
evidence?
A: No. The Senate is procedurally bound only by the rules it makes
for itself. The Constitution of the United States, Article I, Section
5 (2), says, Each House may determine the Rules of its Proceedings.
6. Q: Doesnt the accused have rights? Where are the wheels of
justice here?
A: Justice does not come into it. Think of it this way: If a
congresswoman has done a fabulous job for two years, but fails to win
reelection, does she have any redress? Of course not. She holds
office at the pleasure of the voters, and they indicate their pleasure
every two years. A president takes office at the pleasure of the
voters, but he holds onto office at the pleasure of Congress. At any
time in our history, Congress could have ejected a president or a vice
president.
7. Q: Has this ever happened?
A: Congress has never impeached a vice president, but it impeached two
presidents Andrew Johnson and William Clinton. In both cases, the
Senate subsequently failed to convict. Many people mistakenly believe
that Richard Nixon, too, was impeached. The House Judiciary Committee
had voted three Articles of Impeachment against him, but the matter
was never put to the full House for a vote because Mr. Nixon promptly
resigned.
8. Q: What does an impeachment trial look like?
A: It is held in the Senate Chamber and looks like a normal Senate
session, except that all Senators are sworn in as jurors. Article I,
Section 3 (6) of the Constitution says, When sitting for that
Purpose, they shall be on Oath or Affirmation. The man of the hour
may attend or send someone to represent him. He can plead guilty or
refute the charges. Each Senator must stand at her place and
pronounce her judgment as guilty or not guilty. The Constitution
requires that the Chief Justice of the Supreme Court come over to the
Senate Chamber to preside when a president is being impeached. In
1986, the Senate extended this to cover vice presidents.
9. Q: Is it easy to eject a vice president with whom the people are
dissatisfied?
A: Yes, its a snap. It takes only one House member to propose
impeachment. Then, 219 out of the 435 members must agree, if all are
present and voting (fewer, if some are absent from the House or
abstain from voting). So your question boils down to: Are there 219
House members willing to vote to impeach? The answer is Yes, if they
feel that it is in their interest - whatever way they may calculate
that interest. Part of their calculation may be to look ahead and see
if 67 Senators would be willing to convict the vice president.
10. Q: The number sixty-seven seems very high. Would it ever be
possible to get that many votes?
A: It is possible to get the full 100 Senate votes if all you are
asking about is possibility. In reality, during President Andrew
Johnsons impeachment trial in 1867, only a single vote in the Senate
spared him from conviction (since there were fewer states then, the
two-thirds majority was smaller than 67). At Clintons trial, the
vote on one of his two Articles of Impeachment was 55-45. On the
second one, it was 50-50.
11. Q: Regarding the current vice president, Richard Cheney, are we
precluded from impeaching during the time that his former assistant,
Mr. Lewis Libby, is facing prosecution for alleged crimes?
A: No. There is no reason to hold back - the Libby case may take
years. However, persons wishing to take care not to prejudice Mr.
Libbys trial may wisely urge that any impeachable offense brought
forward against the vice president be of a type pertaining
specifically to him.
12. Q: Could the president offer a pardon to thwart the process of
impeachment?
A: No. The Constitution puts only one restriction on the presidents
power to pardon, namely it cannot be used in cases of impeachment.
13. Q: Does this mean that if by any chance Mr. Cheney has committed
a crime he can never enjoy a pardon?
A: No, it does not mean that. President Bush, or a later president,
could pardon Mr. Cheney. The president is prevented only from
interfering in the process of impeachment.
14. Q: Could Mr. Cheney seek a presidential pardon right now?
A: Yes. Indeed, for all we know, the current president may be holding
a batch of signed (and witnessed) pardons in his desk at this very
moment.
15. Q: Are you suggesting that President Bush could pardon a
persons crime in advance of the person being convicted of any crime?
A: Yes. The elder President Bush (president from 1989 to 1993) issued
a pardon a few weeks before he left office, for Caspar Weinberger, who
at that point had not been convicted of anything. Quite possibly his
motive was to avoid being subpoenaed as a witness at Weinbergers
trial. As a witness, Bush could be cross-examined and his own
dealings in the Iran-Contra affair could have been revealed.
16. Q: Did the president dishonor the Constitution by doing that?
A: No. He played the Constitution for all it is worth. That is what
the Constitution is for. It is not an idealistic statement; it is a
scheme for allocating power and controlling power by checks and
balances. The Founding Fathers put many restraints on the president
but gave him his head when it came to pardons. They probably wanted
the president to have bargaining chips that he could use in difficult
or dangerous circumstances.
17. Q: Strategically, from the viewpoint of the current
vice-president, what would be the best move to make if rumors of
impeachment start to swirl?
A: Presuming that Mr. Cheney would hate to lose the position of
immense power that he now occupies, his options would be a) to hasten
to correct any offending behaviors, or b) to try to get the president
ejected from office, in which case he himself would immediately become
president.
18. Q: When a vice president leaves office before his term is up,
how is he replaced?
A: If a vice president dies, resigns, or is impeached, the
president can nominate any American-born citizen, age 35 or older.
That nomination must then be confirmed by a two-thirds majority vote
in the Senate before the person can be sworn in as the new vice
president.
19. Q: How can a citizen start impeachment activity?
A: By talking it up, by seeking publicity for the idea, and by
persuading a Congressperson to propose it. Since 2001 when President
George W. Bush took office, there have been numerous public calls for
his impeachment and some of these extend their proposal to include the
impeachment of Vice President Richard Cheney, Secretary of Defense
Donald Rumsfeld, and Attorney General Alberto Gonzales. One proposal
that names all of those persons is sponsored by Ramsey Clark, who was
Attorney General in the 1960s. So far, 607,000 citizens have signed
his petition. Number 16 in Clarks list of complaints sounds
particularly relevant to the vice president, namely refusal to
provide information and records [needed for] legislative oversight of
executive functions.
20. Q: Is Mr. Cheney currently threatened with any prosecutions?
A: The case of Rodriguez v. Bush, names Bush, Cheney, and several
others as defendants in a RICO suit. This is not a criminal
prosecution, but is a civil suit that asks for criminal penalties, if
appropriate. RICO stands for Racketeer Influenced and Corrupt
Organizations Act. A judge recently transferred this case to the U.S.
District Court for the Southern District of New York because it
accuses the government of crimes related to September 11th and the
U.S. Attorney has decided to coordinate numerous September 11th cases
at that court. The mainstream media never mentions the Rodriguez v.
Bush case, but it is available on the Internet.
Mary Maxwell, P.O. Box 4307, Ann Arbor, MI 48106, USA, is a political
scientist. She can be emailed as mary at her website
marymaxwell.us. She hereby permits anyone to distribute this article
as long as it is unaltered and credits the author.
Copyright 1998-2005 Online Journal
Email Online Journal Editor
Commentary
Twenty questions about impeaching a vice president
By Mary Maxwell, Ph.D.
Online Journal Guest Writer
Nov 4, 2005, 15:33
1. Q: How long would it take to eject a vice president from office
by impeachment?
A: Theoretically it could be done in a day. In the morning a member
of the House of Representatives could propose one or more Articles of
Impeachment and then a vote could be called. A simple majority (50%
plus one vote) is all that is needed to impeach. In the afternoon the
Senate could try the case. A two-thirds vote is needed in the Senate
to convict.
2. Q: Why is it so simple?
A: Because ejecting a person from high office is political, not
judicial. The only punishment to be meted out is removal from office.
3. Q: What is an impeachable offense?
A: An impeachable offense can be as nebulous as He practices
cronyism. We can call this a misdemeanor. According to the
Constitution, Article II, Section 4, 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. President Gerald Ford was correct
when he said in 1970 that, An impeachable offense is whatever the
majority of the House of Representatives considers it to be at any
given moment in its history.
4. Q: Is there any good argument against impeaching a vice
president based on the notion that the person of greater authority
the president - should take responsibility for whatever happens in his
administration?
A: No, none whatsoever.
5. Q: Would the Senate have to provide such things as reasonable
time for the defense to prepare its case, and a close scrutinizing of
evidence?
A: No. The Senate is procedurally bound only by the rules it makes
for itself. The Constitution of the United States, Article I, Section
5 (2), says, Each House may determine the Rules of its Proceedings.
6. Q: Doesnt the accused have rights? Where are the wheels of
justice here?
A: Justice does not come into it. Think of it this way: If a
congresswoman has done a fabulous job for two years, but fails to win
reelection, does she have any redress? Of course not. She holds
office at the pleasure of the voters, and they indicate their pleasure
every two years. A president takes office at the pleasure of the
voters, but he holds onto office at the pleasure of Congress. At any
time in our history, Congress could have ejected a president or a vice
president.
7. Q: Has this ever happened?
A: Congress has never impeached a vice president, but it impeached two
presidents Andrew Johnson and William Clinton. In both cases, the
Senate subsequently failed to convict. Many people mistakenly believe
that Richard Nixon, too, was impeached. The House Judiciary Committee
had voted three Articles of Impeachment against him, but the matter
was never put to the full House for a vote because Mr. Nixon promptly
resigned.
8. Q: What does an impeachment trial look like?
A: It is held in the Senate Chamber and looks like a normal Senate
session, except that all Senators are sworn in as jurors. Article I,
Section 3 (6) of the Constitution says, When sitting for that
Purpose, they shall be on Oath or Affirmation. The man of the hour
may attend or send someone to represent him. He can plead guilty or
refute the charges. Each Senator must stand at her place and
pronounce her judgment as guilty or not guilty. The Constitution
requires that the Chief Justice of the Supreme Court come over to the
Senate Chamber to preside when a president is being impeached. In
1986, the Senate extended this to cover vice presidents.
9. Q: Is it easy to eject a vice president with whom the people are
dissatisfied?
A: Yes, its a snap. It takes only one House member to propose
impeachment. Then, 219 out of the 435 members must agree, if all are
present and voting (fewer, if some are absent from the House or
abstain from voting). So your question boils down to: Are there 219
House members willing to vote to impeach? The answer is Yes, if they
feel that it is in their interest - whatever way they may calculate
that interest. Part of their calculation may be to look ahead and see
if 67 Senators would be willing to convict the vice president.
10. Q: The number sixty-seven seems very high. Would it ever be
possible to get that many votes?
A: It is possible to get the full 100 Senate votes if all you are
asking about is possibility. In reality, during President Andrew
Johnsons impeachment trial in 1867, only a single vote in the Senate
spared him from conviction (since there were fewer states then, the
two-thirds majority was smaller than 67). At Clintons trial, the
vote on one of his two Articles of Impeachment was 55-45. On the
second one, it was 50-50.
11. Q: Regarding the current vice president, Richard Cheney, are we
precluded from impeaching during the time that his former assistant,
Mr. Lewis Libby, is facing prosecution for alleged crimes?
A: No. There is no reason to hold back - the Libby case may take
years. However, persons wishing to take care not to prejudice Mr.
Libbys trial may wisely urge that any impeachable offense brought
forward against the vice president be of a type pertaining
specifically to him.
12. Q: Could the president offer a pardon to thwart the process of
impeachment?
A: No. The Constitution puts only one restriction on the presidents
power to pardon, namely it cannot be used in cases of impeachment.
13. Q: Does this mean that if by any chance Mr. Cheney has committed
a crime he can never enjoy a pardon?
A: No, it does not mean that. President Bush, or a later president,
could pardon Mr. Cheney. The president is prevented only from
interfering in the process of impeachment.
14. Q: Could Mr. Cheney seek a presidential pardon right now?
A: Yes. Indeed, for all we know, the current president may be holding
a batch of signed (and witnessed) pardons in his desk at this very
moment.
15. Q: Are you suggesting that President Bush could pardon a
persons crime in advance of the person being convicted of any crime?
A: Yes. The elder President Bush (president from 1989 to 1993) issued
a pardon a few weeks before he left office, for Caspar Weinberger, who
at that point had not been convicted of anything. Quite possibly his
motive was to avoid being subpoenaed as a witness at Weinbergers
trial. As a witness, Bush could be cross-examined and his own
dealings in the Iran-Contra affair could have been revealed.
16. Q: Did the president dishonor the Constitution by doing that?
A: No. He played the Constitution for all it is worth. That is what
the Constitution is for. It is not an idealistic statement; it is a
scheme for allocating power and controlling power by checks and
balances. The Founding Fathers put many restraints on the president
but gave him his head when it came to pardons. They probably wanted
the president to have bargaining chips that he could use in difficult
or dangerous circumstances.
17. Q: Strategically, from the viewpoint of the current
vice-president, what would be the best move to make if rumors of
impeachment start to swirl?
A: Presuming that Mr. Cheney would hate to lose the position of
immense power that he now occupies, his options would be a) to hasten
to correct any offending behaviors, or b) to try to get the president
ejected from office, in which case he himself would immediately become
president.
18. Q: When a vice president leaves office before his term is up,
how is he replaced?
A: If a vice president dies, resigns, or is impeached, the
president can nominate any American-born citizen, age 35 or older.
That nomination must then be confirmed by a two-thirds majority vote
in the Senate before the person can be sworn in as the new vice
president.
19. Q: How can a citizen start impeachment activity?
A: By talking it up, by seeking publicity for the idea, and by
persuading a Congressperson to propose it. Since 2001 when President
George W. Bush took office, there have been numerous public calls for
his impeachment and some of these extend their proposal to include the
impeachment of Vice President Richard Cheney, Secretary of Defense
Donald Rumsfeld, and Attorney General Alberto Gonzales. One proposal
that names all of those persons is sponsored by Ramsey Clark, who was
Attorney General in the 1960s. So far, 607,000 citizens have signed
his petition. Number 16 in Clarks list of complaints sounds
particularly relevant to the vice president, namely refusal to
provide information and records [needed for] legislative oversight of
executive functions.
20. Q: Is Mr. Cheney currently threatened with any prosecutions?
A: The case of Rodriguez v. Bush, names Bush, Cheney, and several
others as defendants in a RICO suit. This is not a criminal
prosecution, but is a civil suit that asks for criminal penalties, if
appropriate. RICO stands for Racketeer Influenced and Corrupt
Organizations Act. A judge recently transferred this case to the U.S.
District Court for the Southern District of New York because it
accuses the government of crimes related to September 11th and the
U.S. Attorney has decided to coordinate numerous September 11th cases
at that court. The mainstream media never mentions the Rodriguez v.
Bush case, but it is available on the Internet.
Mary Maxwell, P.O. Box 4307, Ann Arbor, MI 48106, USA, is a political
scientist. She can be emailed as mary at her website
marymaxwell.us. She hereby permits anyone to distribute this article
as long as it is unaltered and credits the author.
Copyright 1998-2005 Online Journal
Email Online Journal Editor
--
Impeach Bush ! a noble cause
Operation Iraqi Liberation = O.I.L.
Impeach Bush ! a noble cause
Operation Iraqi Liberation = O.I.L.