Vikram's confusion regarding the position of the houses relative to each other notwithistanding (I can think of no state legislature in the US with an upper and lower house. Even the US Congress is composed of co-equal houses) the text of the House Rules for Congress 109 says this on Pages 314-15:
...there are various methods of setting an impeachment in motion: by charges made on the floor on the responsibility of a Member or Delegate (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 535, 536); by charges preferred by a memorial, which is usually referred to a committee for examination (III, 2364, 2491, 2494, 2496, 2499, 2515; VI, 543); by a resolution dropped in the hopper by a Member and referred to a committee (Apr. 15, 1970, p. 11941; Oct. 23, 1973, p. 34873); by a message from the President (III, 2294, 2319; VI, 498); by charges transmitted from the legislature of a State (III, 2469) or territory (III, 2487) or from a grand jury (III, 2488); or from facts developed and reported
[[Page 315]]
by an investigating committee of the House (III, 2399, 2444).
However, the federal Constitution says this in Article I.2, final clause: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Intuitively the way in which an impeachment may begin with a state legislature is something like this: 1. The state legislature passes a resolution to recommend to the House that they impeach an officer of the United States. 2. A representative from a district within that state, or all of the representatives from that state may sponsor a resolution recommending impeachment. 3. The bill is hoppered, numbered and referred to a committee as directed by the Speaker according to the House Rules. He may refer it to a standing committee who then refers it to a subcommittee, or he may form a select committee. 4. If the resolution makes it out of committee, it is reported and submitted to the floor for markup. 5. A Resolution to accept the committee's recommendation is debated and voted. 6. If the committee report is accepted and the resolution is carried, a Select Committee to Investigate Articles of Impeachment is appointed by the Speaker. 7. The Select Committee issues its recommendation in a report of their own (This report is what Nixon headed off with his resignation two hours before delivery to the House floor). 8. Another select committee is assembled to investigate which specific articles to put to the floor. 9. Another report, another debate and vote, with a Roll call and voice vote on each article. 10. If any pass with a simple majority, they are transmitted to the Senate by the Speaker of the House in order to schedule the impeachment trial. 2/3 concurrence of the Senate is required to convict.
So, in other words, with a Republican majority, this's a total impossibility, since, even if it makes it into the record, there's no obligation to actually consider it, yes?
5 comments:
Vikram's confusion regarding the position of the houses relative to each other notwithistanding (I can think of no state legislature in the US with an upper and lower house. Even the US Congress is composed of co-equal houses) the text of the House Rules for Congress 109 says this on Pages 314-15:
...there are various methods of setting an impeachment in
motion: by charges made on the floor on the responsibility of a Member
or Delegate (II, 1303; III, 2342, 2400, 2469; VI, 525, 526, 528, 535,
536); by charges preferred by a memorial, which is usually referred to a
committee for examination (III, 2364, 2491, 2494, 2496, 2499, 2515; VI,
543); by a resolution dropped in the hopper by a Member and referred to
a committee (Apr. 15, 1970, p. 11941; Oct. 23, 1973, p. 34873); by a
message from the President (III, 2294, 2319; VI, 498); by charges
transmitted from the legislature of a State (III, 2469) or territory
(III, 2487) or from a grand jury (III, 2488); or from facts developed
and reported
[[Page 315]]
by an investigating committee of the House (III, 2399, 2444).
However, the federal Constitution says this in Article I.2, final clause:
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
more to come...
Intuitively the way in which an impeachment may begin with a state legislature is something like this:
1. The state legislature passes a resolution to recommend to the House that they impeach an officer of the United States.
2. A representative from a district within that state, or all of the representatives from that state may sponsor a resolution recommending impeachment.
3. The bill is hoppered, numbered and referred to a committee as directed by the Speaker according to the House Rules. He may refer it to a standing committee who then refers it to a subcommittee, or he may form a select committee.
4. If the resolution makes it out of committee, it is reported and submitted to the floor for markup.
5. A Resolution to accept the committee's recommendation is debated and voted.
6. If the committee report is accepted and the resolution is carried, a Select Committee to Investigate Articles of Impeachment is appointed by the Speaker.
7. The Select Committee issues its recommendation in a report of their own (This report is what Nixon headed off with his resignation two hours before delivery to the House floor).
8. Another select committee is assembled to investigate which specific articles to put to the floor.
9. Another report, another debate and vote, with a Roll call and voice vote on each article.
10. If any pass with a simple majority, they are transmitted to the Senate by the Speaker of the House in order to schedule the impeachment trial. 2/3 concurrence of the Senate is required to convict.
"He may refer it to a standing committee".
So, in other words, with a Republican majority, this's a total impossibility, since, even if it makes it into the record, there's no obligation to actually consider it, yes?
Bingo.
"IF it makes it out of committee."
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