[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 198 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 198

     To establish standards defining impeachable ``high crimes and 
 misdemeanors'' within the meaning of Article II, section 4 as applied 
                 to the President of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2015

Mr. Yoho submitted the following resolution; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
     To establish standards defining impeachable ``high crimes and 
 misdemeanors'' within the meaning of Article II, section 4 as applied 
                 to the President of the United States.

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 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 the House of Representatives has voted articles of impeachment against 
        two Presidents, one Cabinet officer, one Senator, one Supreme Court 
        Justice, and fourteen (14) 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; and
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: Now, 
        therefore, be it
    Resolved,

SECTION 1. DEFINITION OF PRESIDENTIAL IMPEACHABLE OFFENSES.

    The House of Representatives declares 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 killing was 
        necessary to prevent imminent serious physical danger to third 
        parties);
            (3) failing to superintend subordinates guilty of chronic 
        constitutional abuses;
            (4) spending appropriated funds in violation of conditions 
        imposed for expenditure;
            (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 
        nonenforcement;
            (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;
            (10) refusing to comply with a congressional subpoena for 
        documents or testimony issued for a legitimate legislative 
        purpose; and
            (11) issuing Executive orders or Presidential memoranda 
        that infringe upon or circumvent the constitutional powers of 
        Congress.

SEC. 2. EFFECTIVE DATE.

    This Resolution shall take effect upon passage by the House of 
Representatives.
                                 <all>