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November 5, 2024 | SCOTUS Clarifies Standard for Retaliatory Arrest Claims
United States Constitution
PREAMBLE : We the People of the United States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish this Constitution
Article II, Section 4
Text of Article 2, Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The 'Travis Translation' of Article 2, Section 4:
The President, the Vice President, and other officers of the United States, can be kicked out of office (impeached) if they are found guilty of double-crossing (betraying) the country, offering people money or getting money to do something dishonest, or other really big crimes.| Impeachment | Important Cases | |
|---|---|---|
| The final section of Article II covers impeachment – the removal of government officials up to and including the President. Impeachment is the ultimate check on presidential power, and is considered a move of last resort. The House of Representatives alone has the ability to vote to impeach, which if accomplished, results in a trial before the Senate. The Chief Justice presides as the judge. An official can only be impeached for treason, bribery, or other “high crimes and misdemeanors”. A conviction in the Senate requires 2/3 of the vote. The Judicial branch is usually hesitant to involve itself in legal issues regarding the impeachment process due to the separation of powers. In Nixon v. United States, a district court judge was convicted of making false statements to a grand jury and was impeached. The Senate convened a committee to advise the full Senate on the matter, and the Senate followed the committee’s recommendation to remove the judge. The judge challenged this as unconstitutional, arguing that the full Senate had to sit and hear the evidence. The Court disagreed, dismissing the claim as a political question. The majority concluded that since impeachment is a political remedy, having the judiciary review the Senate’s decision and vote would endanger the separation of powers. | Nixon v. United States |
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