[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 779 Introduced in House (IH)]
113th CONGRESS
2d Session
H. RES. 779
To establish prospective standards effective January 20, 2017 defining
impeachable ``high crimes and misdemeanors'' within the meaning of
Article II, section 4 as applied to the President of the United States
to provide fair warning and evenhandedness in the administration of the
impeachment power of the House of Representatives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 11, 2014
Mr. Bentivolio submitted the following resolution; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
To establish prospective standards effective January 20, 2017 defining
impeachable ``high crimes and misdemeanors'' within the meaning of
Article II, section 4 as applied to the President of the United States
to provide fair warning and evenhandedness in the administration of the
impeachment power of the House of Representatives.
Whereas Article II, section 4 of the Constitution provides that, ``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'';
Whereas Article I, section 2, clause 5 provides that, ``The House of
Representatives . . . shall have the sole power of impeachment'';
Whereas Benjamin Franklin at the constitutional convention described the
impeachment power as the alternative to the historical practice of
assassination to remove tyrants;
Whereas the constitutional convention rejected ``neglect of duty'' or
``maladministration'' as impeachment standards in favor of ``high crimes
and misdemeanors'' because the former terms were too broad;
Whereas Alexander Hamilton in Federalist 65 explained that impeachable offenses
``proceed from the misconduct of public men, or, in other words, from
the abuse or violation of some public trust. They are of a nature which
may with peculiar propriety be denominated POLITICAL, as they relate
chiefly to injuries done immediately to the society itself'';
Whereas impeachable ``high crimes and misdemeanors'' has an objective meaning
based on the intent of the Constitution's framers and British
impeachment precedents;
Whereas then Congressman Gerald R. Ford erred in 1970 when he declared that,
``An impeachable offense is whatever a majority of the House of
Representatives considers it to be at a given moment in history'';
Whereas the House of Representatives has voted articles of impeachment against
two Presidents, one Cabinet officer, one Senator, one Supreme Court
Justice, and eleven (11) Federal judges without providing a general
standard for defining an impeachable offense;
Whereas the law should warn before it strikes;
Whereas the absence of impeachment standards creates an appearance that
impeachment is a partisan exercise, which undermines its legitimacy and
deters its use;
Whereas the impeachment power of the House of Representatives is a cornerstone
safeguard against Presidential tyranny;
Whereas the past neglect of the House of Representatives to use the impeachment
power against Presidential usurpations and lawlessness has concentrated
alarming power in the executive branch, crippled liberty, undermined
transparency, and encouraged Presidents to further aggrandizements; and
Whereas it would be unfair and would carry an appearance of partisanship if
newly articulated impeachment standards were applied to the incumbent
President: Now, therefore, be it
Resolved,
SECTION 1. DEFINITION OF PRESIDENTIAL IMPEACHABLE OFFENSES.
The House of Representatives declares that the following
Presidential actions shall constitute impeachable ``high crimes and
misdemeanors'' within the meaning of Article II, section 4, which will
cause the House to vote an article or articles of impeachment to send
to the Senate for trial--
(1) initiating war without express congressional
authorization;
(2) killing American citizens in the United States or
abroad who are not then engaged in active hostilities against
the United States without due process (unless the citizen was
then under indictment for a felony and the killing was
necessary to prevent imminent serious physical danger to third
parties);
(3) failing to superintend subordinates guilty of chronic
constitutional abuses;
(4) expending money in violation of conditions imposed for
the expenditure of appropriated funds;
(5) intentionally lying to Congress to obtain an
authorization for war;
(6) failing to take care that the laws be faithfully
executed through signing statements or systematic policies of
non-enforcement;
(7) substituting executive agreements for treaties;
(8) intentionally lying under oath to a Federal judge or
grand jury;
(9) misusing Federal agencies to advance a partisan
political agenda; and
(10) refusing to comply with a congressional subpoena for
documents or testimony issued for a legitimate legislative
purpose.
SEC. 2. EFFECTIVE DATE.
This Resolution shall take effect on January 20, 2017.
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