The House of Representatives shall ...
have the sole power of impeachment._
Section 3, Clause 6. _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._
Section 3, Clause 7. _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._
There have been but seven impeachment trials in the history of our
government. Section 4 of Article II declares who may be impeached. The
expression "civil officer" does not include military and naval officers.
They are subject to trial by court-martial. Members of Congress may not
be impeached, since the Constitution authorizes each house to bring to
trial and punish its own members. Clause 5 of Section 2, and Clauses 6
and 7 of Section 3, Article I, give the method of procedure against an
officer who may be charged with "treason, bribery, or other high crimes
and misdemeanors." The articles of impeachment preferred by the House of
Representatives correspond to the indictment in a criminal trial. The
manner of conducting an impeachment trial, in the Senate, resembles also
a trial by jury.[19] That the "Chief Justice shall preside" during the
trial of the President of the United States is a wise provision, because
it is easy to presume that a Vice-President might be personally
interested in the conviction of a President.
[Footnote 19: See "Government in State and Nation," p. 159.]
II. THE QUORUM, JOURNAL, AND FREEDOM OF SPEECH.
Determination of Membership and Quorums.--Section 5, Clause 1.
_Each house shall be the judge of the elections, returns, and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as each house
may provide._
In 1900 the right of a senator to a seat in the Senate was challenged by
the citizens of his State on the ground that his election was secured
|