By: Larry M. Newton Date: 12/01/08 Instructor/Class: Dr. Jeremy Lewis/PSC 499 Objectives Discuss the Origins of the Impeachment and its process in the United States Analyze the impeachments of Supreme Court Justice Samuel Chase and President’s Andrew Johnson and William “Bill” Clinton Analyze Nixon’s near impeachment Origins and Process of Impeachment Jolly Old England Madison and Federalist 51- “Ambition must be made to counteract ambition.” Article 1, Sections 2 and 3; Article II, Section 4; and Article III, Section 1- Impeachment in the Constitution Process Continued…Art. II, Sect. 4 “The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Treason-Art. III, Sect. 3 Bribery High Crimes and Misdemeanors- George Mason vs. James Madison Process Continued...Congress House of Representatives (218) Committee Prosecution Senate (2/3 or 67/100) Judge and Jury Supreme Court Moderator Votes Impeachment and Acquittal Samuel Chase United States Supreme Court Justice Federalist Jefferson vs. Adams Impeachment 8 articles Fries case 5 of 8 were Callender Case Chase Vote SENATE VOTE Fries Article 16 Conviction 18 Acquittal Second Article 10 Conviction 24 Acquittal Third Article 18 Conviction 16 Acquittal Fourth Article 18 Conviction 16 Acquittal “Several of the historians who have written on the subject have taken the view espoused by John Quincy Adams: The impeachment was a partisan effort by the Republicans to ‘get’ Chase…” (Rehnquist, 1992, 107). Andrew Johnson 17th United States President after death of Lincoln Democrat President’s Reconstruction vs. Congress Reconstruction Freedman’s Bureau Bill, Civil Rights Act of 1866, Reconstruction Act of 1867, Tenure of Office Act Radical Republicans Edwin Stanton Johnson Impeached Impeachment Number 1 Complaints filed against the president Failed House vote…108-57 Impeachment Number 2 11 Articles Filed Supreme Court Justice Salmon P. Chase Acquitted Johnson Vote House 126 Conviction 47 Nay Senate 35 Conviction 19 Acquittal Note: At this time it took 36 out of 54 Senate votes to reach the 2/3 majority. William “Bill” Clinton 42nd President of the United States Paula Jones and Monica Lewinsky Kenneth Starr Impeachment 4 Articles 2 passed the House: Perjury and Obstruction of Justice 2 did NOT pass the House: Article II and Article IV Supreme Court Justice William Rehnquist Honorable Edward Pease (R-IN) Clinton Vote House Judiciary Committee Charge Yes by Party No by Party Perjury 21 Republicans 16 Democrats Obstruction of Justice 21 Republicans 16 Democrats Article II 20 Republicans 17 Democrats ; Republican Article IV 21 Republicans 16 Democrats 1 Clinton Vote House of Representatives Charge and Vote Yes by Party No by Party Not Voting Perjury 228-206 223 Rep; 5 Dem 5 Rep; 200 Dems; 1 Ind 1 Dem Obstruction of Justice 221-212 216 Rep; 5 Dem 12 Rep; 199 Dem; 1 Ind 2 Dem Article II 205-229 200 Rep; 5 Dem 28 Rep; 200 Dem; 1 Ind 1 Dem Article IV 148-285 147 Rep; 1 Dem 81 Rep; 203 Dem; 1 Ind 2 Dem Clinton Vote Senate Charge and Vote Yes by Party No by Party Perjury 45-55 45 Rep 45 Dem; 10 Rep Obstruction of Justice 50-50 50 Rep 45 Dem; 5 Rep Richard M. Nixon 37th President of the United States Republican Watergate and Tapes Executive privilege and US vs. Nixon Impeachment Only House Judiciary 3 Articles Obstruction of Justice Abuse of Power Defiance of Subpoenas Resignation Nixon Vote House Judiciary Committee Charge and Vote Yes by Party No by Party Article I 27-11 21 Dem; 6 Rep 11 Rep Article II 28-10 21 Dem; 7 Rep 10 Rep Article III 21-17 19 Dem; 2 Rep 2 Dem; 15 Rep Closing Explanation of what we have observed in regards to impeachment in the House and acquittal in the Senate What should be grounds for Impeachment: Treason Bribery High Crimes and Misdemeanors Questions and Answers Final Thoughts Books to Consider Impeachment: A Handbook by Charles L. Black Jr. The Impeachment and Trial of Andrew Johnson by Michael Les Benedict The Impeachment and Trial of Andrew Johnson by David Miller Dewitt An Affair of State: The Investigation, Impeachment, and Trial of President Clinton by Richard A. Posner Our Monica, Ourselves: The Clinton Affair and the National Interest by Lauren Berlant and Lisa Duggan Abuse of Power: The New Nixon Tapes by Stanley I. Kutler U.S. v. Richard Nixon: The Final Crisis by Frank Mankiewicz Grand Inquests: The Historic Impeachments of Justice Samuel Chase and President Andrew Johnson by William H. Rehnquist Thank You Have a Wonderful Political Science experience with Dr. Lewis and Huntingdon College Have a Happy Holiday Season Safe Travels Larry M. Newton Cell:334-303-9074 Email: LMNBSA@hotmail.com (or) Larry.newton@huntingdon.edu