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The Legislative Branch Article I of the Constitution. Concept 3: Conflict Resolution. Topics will include: Impeachment / Removal Process. Impeachment Process. Impeachment Being formally accused of unlawful activity/ committing a crime
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Concept 3: Conflict Resolution • Topics will include: • Impeachment / Removal Process
Impeachment Process • Impeachment • Being formally accused of unlawful activity/ committing a crime • Does not necessarily mean the official will be kicked out of office
Impeachment Process • Who can be impeached? • President/ VP, & all civil officers of the US • Civil Officers include people appointed by the President • Cabinet members • Federal Judges • Member of Congress are NOT civil officers
Impeachment Process • Process of Impeachment • Justice Dept. (or independent council) investigates charges and presents them to the House Judiciary Committee • HJC reviews evidence • HJC drafts Articles of Impeachment • HJC debates Article of Impeachment (Richard Nixon)
Impeachment Process • Process of Impeachment • Entire House of representatives debates Article of Impeachment & votes on them • Requires simple majority • It is at this point a President is considered impeached
Impeachment Process • Process of Impeachment • Senate holds the trial • HJC acts as the prosecution and presents evidence against the accused • Accused chooses own lawyer to present defense
Impeachment Process • Process of Impeachment • Senate holds the trial • Judge- rules on admissibility of evidence • The VP acts as the judge for all impeachment trials except the President
Impeachment Process • Process of Impeachment • Senate holds the trial • If the President is being impeached, then the Chief Justice of the Supreme Court acts as judge • It requires a 2/3 majority of the Senate against the accused to remove the person from office (Andrew Johnson/ Bill Clinton)