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An Analysis of the Constitutional Standard for Presidential Impeachment
James D. St. Clair
Ամբողջությամբ դիտվող - 1974
actions adopted American Archbald argument Article authority Behavior bills of attainder Blackstone branch bribery century charged Chase clear clearly committed Committee common law concerning conclusive conduct Congress considered Constitution context conviction counsel crimes and misdemeanors criminal offenses debates defined definition discussed draft early election emphasis added English impeachments established evidence executive fact Farrand favor felony four Framers further guilty high crimes high misdemeanor Hinds Holdsworth House House of Representatives impeachable offenses impeachment clause impeachment provision indictable indictable offenses intent Johnson judges judicial Justice King language legislative less light limited Lord maladministration Managers meaning ment misbehavior nature noted Parliament parliamentary period person phrase points political precedents President Presidential prevent proceeding proposed proposition provisions punishment rejected relating relevance removal rule Senate separation specifically standard statute supra supremacy Supreme Court tenure term treason trial United violation vote
Էջ 22 - If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall upon demand of the Governor or Executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Էջ 5 - In a representative republic, where the executive magistracy is carefully limited both in the extent and duration of its power, and where the legislative power is exercised by an assembly which, is inspired, by a supposed influence over the people, with an intrepid confidence in its own strength, which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes, it is against...
Էջ 30 - Hastings is not guilty of treason. Attempts to subvert the Constitution may not be treason, as above defined. As bills of attainder, which have saved the British constitution, are forbidden, it is the more necessary to extend the power of impeachments. He moved to add, after "bribery,
Էջ 56 - My first position is, that when the Constitution speaks of "treason, bribery, and other high crimes and misdemeanors" it refers to, and includes only, high criminal offenses against the United States, made so by some law of the United States existing when the acts complained of were done ; and I say that this is plainly to be inferred from each and every provision of the Constitution on the subject of impeachment. "Treason" and "bribery." Nobody will doubt that these are here designated high crimes...
Էջ 36 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are [at] peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned...
Էջ 28 - First, it has been proposed that the election should be made by the people at large ; that is, that an act which ought to be performed by those who know most of eminent characters and qualifications, should be performed by those who know least...
Էջ 17 - The legislative authority of the Union must first make an act a crime, affix a punishment to it, and declare the Court that shall have jurisdiction of the offence.
Էջ 5 - The legislative department derives a superiority in our governments from other circumstances. Its constitutional powers being at once more extensive and less susceptible of precise limits, it can with the greater facility, mask under complicated and indirect measures, the encroachments which it makes on the coordinate departments.
Էջ 37 - Zone shall be punished by a fine not exceeding ten thousand dollars or by imprisonment not exceeding twenty years, or both, in the discretion of the court.
Էջ 40 - We have only to pursue this subject one step further, to perceive that this provision of the constitution does not apply to it. The next sentence declares that " the judges both of the supreme and inferior courts shall hold their offices during good behavior." The judges of the superior courts of Florida hold their offices for four years. These courts, then, are not constitutional courts, in which the judicial power conferred by the constitution on the general government can be deposited. They are...