The gamecock. (Columbia, S.C.) 1908-2006, November 05, 1973, Page Page 2, Image 2
Impe
History presents different in
terpretations of the Constitutiona'
grounds for impeachment, ac.
cording to a USC government an
international studies professor.
Dr. Glenn Abernathy, whc
teaches constitutional law at USC,
said the interpretations range from
the view that a U.S. official can be
impeached only for criminal of
fenses against the country to the
opinion that Congress can impeach
an official if it feels his job could be
better filled by someone else.
"The question of appropriate
grounds for impeachment," he
daid "could well .be one which is
finally, decided by Congress itself
and subject to no review by the
courts."
At the 1785 Philadelphia Con
stitutional Convention, Abernathy
said, treason and bribery were
originally the only grounds listed
for impeachment. George Mason
of Virginia moved to add "or mal
administration" but after ob
jections arose substituted "or
other high crimes and
misdemeanors" instead.
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"Thus it is clear that there was
I some sentiment for grounds
other than criminal law
I violations," Abernathy said.
"In one of the earliest im
peachments, that of 7 ipreme
Court Justice Samuei ..hase in
1805, the basic charge was 'in
temperate conduct on the bench'
which is not a criminal offense.
At that time, Abernathy noted,
one Jeffersonian Republican
against Chase described im
peachment as "nothing more than
an inquiry by the two houses of
Congress as to whether the office of
a public man might not be better
filled by another."
The other extreme view con
cerning grounds for impeachment,
according to Abernathy, was ex
pressed in the defense of President
Andrew Johnson: '"When the
constitution speaks of teason,
bribery and other high crimes and
misdemeanors, it refers to and
includes only high criminal of
fenses against the United States."
Abernathy pointed out that the
most recent official statement on
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impeachment grounds rose out of
an attempt by Republicans . tc
impeach Supreme Court Justice
William Douglas in 1970. At. that
time Rep. Gerald Ford said in a
speech in the House, "The only
honest answer is that an im
peachment offense is whatever a
majority of the House of
Representatives considers it to be
at a given moment in history."
The USC professor also noted
that in 1913 a judge of the Com
merce Court was impeached and
removed from office on grounds
not considered indictable offenses.
Judge Robert Archbald was
convicted of soliciting favors from
railroad coMpanies involved in
litigation.
Concerning impeachment
procedure, Abernathy explained
that theconstitutiorgives the House
of Representatives the sole power
of impeachment, the formal
charge against an official. A
resolution calling for impeachment
may be introduced by any member
of the House and is then sent to the
House Judiciary Committee.
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Each week, according to
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The Judiciary Committee, he
said, may hold hearings on the
resolution. If the committee votes
favorably, the resolution is
reported to the full House along
with the Articles of Impeachment,
similar to a Bill or Particulars in
indictment by a grand jury.
The House can debate the
resolution and a majority of the
members present is necessary to
impeach.
The constitution, Abernathy
continues, gives the Senate the
power to try impeached officials.
If the president \ is impeached,
the constitution calls for the chief
justice to preside at the trial and
for the House to select one or more
members to serve as "House
Managers" to present the charges
at the bar of the Senate.
Abernathy explained that the
trial proceeds in much the same
fashion as a court trial and that the
defendant has the opportunity for
counsel, witnesses and cross
examination.
After evidence and testimony
has been presented the senators
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The question of
appropriate grounds
for impeachment
could well be one
which is finally
decided by Congress
and subject to no
review by the courts.
vote separately on each charge
listed in the Articles of im
peachemnt . For a conviction
two-thirds of the senators present
must vote the defendant guilty of at
least one of the articles.
The constitution, Abernathy
says, explains that the penalty
following conviction is the removal
from office and disqualification to
hold office and that the coifvicted
party is liable and subject to in
dictment, trial, judgement and
punishment.
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