Impeaching a president, or not?

By The Scribe June 22, 2010 7:15 AM
1 Comment

First, let me be clear that I would like to see Obama out of office as much as anyone and as soon as possible.

However, the answer to the title question is not, at least not until after January 2011, and then only IF Republicans win a large enough majority in both houses of Congress.

Like everything, there is a process for impeachment and it is a long and difficult road.

As long as Democrats hold the majority in the House there is no practical way for Republicans to bring charges of impeachment against Obama. Charges of impeachment are similar to an indictment which has to be approved in the House.

The process is spelled out in the US Constitution. http://www.gopusa.com/resources/constit ... z0rWr5XSPy It applies to the president, vice president and civil officers of the government but not to Congress.

The last paragraph of Article I, Section 2, tells us how the process begins.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

As the majority party controlling Congress Democrats chair all committees and hold a majority on every committee. The process would begin in the Judiciary committee where hearings would likely be held. The committee decides whether to bring articles of impeachment before the full House. A simple majority vote is needed.

You can see how high the bar is in the Senate. Two thirds of the votes or 67 out of 100 votes are needed for conviction.

A president has never been removed from office through the process of impeachment. In the most recent history of impeachment Bill Clinton was impeached by the House of Representatives but not convicted by the Senate.

It is highly unlikely in today's charged partisan atmosphere that Barack Obama will ever be impeached, convicted and removed from office. Obviously, some Democrat votes would be necessary to the process even in the best possible circumstances of Republican control.

Fortunately, Republicans can do much to limit Obama's agenda just by taking back the majority in both Houses of Congress this fall. If Republicans win back the majority they will chair the committees, decide what legislation comes to a vote and hold subpoena power to investigate the shenanigans that have gone on in the Obama administration for the first two years.

It would behoove all conservatives to direct their energy to replacing Democrats with Republicans and RINOs with conservatives.

The dream of impeachment sounds good but at this stage it is just a dream and not reality.

http://www.gopusa.com/fresh-ink/2010/06 ... or-not.php