[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 14. Impeachment Powers]
[Index to Precedents]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1939-1943]
 
                               CHAPTER 14
 
                           Impeachment Powers


[[Page 1939]]



---------------------------------------------------------------------------
    Commentary and editing by Peter D. Robinson. J.D.
---------------------------------------------------------------------------

A. Generally

    Sec. 1. Constitutional Provisions; House and Senate Functions
    Sec. 2. Who May Be Impeached; Effect of Resignation
    Sec. 3. Grounds for Impeachment; Form of Articles
    Sec. 4. Effect of Adjournment

B. Investigation and Impeachment

    Sec. 5. Introduction and Referral of Charges
    Sec. 6. Committee Investigations
    Sec. 7. Committee Consideration; Reports
    Sec. 8. Consideration and Debate in the House
    Sec. 9. Presentation to Senate; Managers
   Sec. 10. Replication; Amending Adopted Articles

C. Trial in the Senate

   Sec. 11. Organization and Rules
   Sec. 12. Conduct of Trial
   Sec. 13. Voting; Deliberation and Judgment

D. History of Proceedings

   Sec. 14. Charges Not Resulting in Impeachment
   Sec. 15. Impeachment Proceedings Against President Nixon
   Sec. 16. Impeachment of Judge English
   Sec. 17. Impeachment of Judge Louderback
   Sec. 18. Impeachment of Judge Ritter

Appendix
                         DESCHLER'S PRECEDENTS

deschler's precedents

Ch. 14

Ch. 14

[[Page 1940]]

                          INDEX TO PRECEDENTS

Adjournment sine die, effect on impeachment proceedings
    authority of managers following expiration of Congress, Sec. 4.2
    impeachment in one Congress and trial in the next, Sec. 4.1
    investigation in one Congress and impeachment in the next, 
        Sec. Sec. 4.3, 4.4
Amending articles of impeachment
    privilege of resolution reported by managers, Sec. 10.5
    procedure, Sec. Sec. 10.4-10.6
    right to amend articles reserved by House, Sec. 10.1
    Senate notified of amendments, Sec. 10.6
Censure as related to impeachment, Sec. 1.3
Charges not resulting in impeachment
    Agnew, Spiro, Vice President, request for investigation not acted 
        upon, Sec. 14.17
    Alschuler, Samuel, judge, adverse report by investigating 
        committee, Sec. 14.7
    committee reports as to discontinuation of impeachment, 
        Sec. Sec. 7.8-7.10
    Douglas, William, Supreme Court Justice, investigation of charges 
        and adverse report, Sec. Sec. 14.14-14.16
    Federal Reserve Board members, charges not acted on, Sec. 14.5
    Hoover, Herbert, President, charges not acted on, Sec. 14.3
    Johnson Albert, judge, charges not acted on, Sec. 14.10
    Lowell, James, judge, adverse report by investigating committee, 
        Sec. 14.4
    Mellon, Andrew, Secretary of the Treasury, investigation 
        discontinued following resignation, Sec. 14.2
    Molyneaux, Joseph, judge, charges not acted on, Sec. 14.6
    Perkins, Frances, Secretary of Labor, adverse report by committee, 
        Sec. 14.9
    Truman, Harry, President, charges not acted on, Sec. Sec. 14.11, 
        14.12
    Watson, Albert, judge, charges not acted on, Sec. 14.10
Committee consideration and report
    broadcast of committee meeting, Sec. 7.3
    order of business, Sec. 7.2
    report submitted without resolution of impeachment, Sec. 7.7
    reports as to discontinuation of impeachment, Sec. Sec. 7.8-7.10
    reports authorizing investigations as privileged, Sec. Sec. 5.8, 
        6.2, 6.3
    reports recommending impeachment, calendaring and printing of, 
        Sec. 7.6
    resolution and articles of impeachment considered together, 
        Sec. 7.1
Committee investigations
    evidence in impeachment inquiry, Sec. Sec. 6.7-6.10
    hearing procedures, Sec. Sec. 6.5, 6.6
    privilege of House as to impeachment evidence, Sec. 6.13
    resolutions authorizing, consideration of, Sec. 6.2
    resolutions authorizing, referral of, Sec. 6.1
    resolutions authorizing, reported by investigating committee, 
        Sec. 6.2
    subcommittee, creation and powers of, Sec. 6.11
    subpenas, failure to comply with, Sec. 6.12
    witnesses, interrogation of, Sec. Sec. 6.3, 6.4
Committee jurisdiction
    Judiciary Committee, over resolutions proposing impeachment, 
        Sec. 5.10
    Rules Committee, over resolutions authorizing investigations, 
        Sec. 5.11

[[Page 1941]]

Consideration and debate
    as to resolution and articles of impeachment, Sec. Sec. 8.5-8.10
    broadcast of proceedings, Sec. 8.11
    control of time for, Sec. 8.1
    division of the question, Sec. 8.10
    motion for previous question, Sec. 8.8
    privilege for consideration of committee reports, Sec. 8.2
    question of consideration, Sec. 5.12
    question of privilege to present charges, Sec. Sec. 5.6, 5.7
    resolution and articles of impeachment considered together, 
        Sec. 8.1
    unanimous-consent agreements governing, Sec. 8.1
    voting, excuse or disqualification from, Sec. 13.4
Courts and the power of impeachment, Sec. Sec. 1.1, 1.2
Dismissal of proceedings in Senate pursuant to House request, Sec. 2.2
English, George, judge, impeachment of
    consideration and debate in House, Sec. 16.2
    impeachment by the House, Sec. Sec. 16.1-16.4
    motion to recommit resolution, Sec. 16.3
    report by investigating committee recommending impeachment, 
        Sec. 16.1
    separate vote on articles, Sec. 16.3
    trial discontinued following resignation of respondent, Sec. 16.4
Grounds for impeachment and form of articles
    cumulative and duplicatory articles, Sec. Sec. 3.3-3.5
    form of resolutions and articles of impeachment, Sec. Sec. 3.1, 3.2
    judges, federal, grounds for impeachment of, Sec. Sec. 3.9-3.13
    offenses not committed during term of office, Sec. 3.14
    President, grounds for impeachment of, Sec. Sec. 3.6-3.8
Judgment
    division of the question, Sec. 13.8
    notification of, to House, Sec. 13.12
    order of, not debatable, Sec. 13.7
    removal from office after conviction, Sec. 13.9
Louderback, Harold, judge, impeachment of
    committee report adverse to impeachment, Sec. 17.1
    consideration in the House and adoption of substitute resolution of 
        impeachment, Sec. Sec. 17.1, 17.2
    continuation of proceedings into next Congress, Sec. 17.4
    election of managers, Sec. 17.3
Managers to conduct trial on part of House
    answer of respondent referred to managers, Sec. 10.2
    appearance in Senate to present articles, Sec. Sec. 9.5, 11.4
    appointed by resolution, Sec. Sec. 9.1, 9.3
    authority of, following expiration of Congress, Sec. 4.2
    authority to prepare and submit replication, Sec. 10.3
    composition and number of, Sec. 9.2
    excused from attending House sessions, Sec. 9.4
    jurisdiction of, over related matters, Sec. Sec. 9.6, 9.7
    powers and funds granted by resolution, Sec. 9.1
    supplemental Senate rules referred to, Sec. 10.2
    withdrawal of, while Senate deliberates, Sec. 13.1
Motions relating to impeachment proposals
    for the previous question, Sec. 8.8

[[Page 1942]]

    to discharge, Sec. 8.3
    to lay on table or to refer, Sec. Sec. 5.12, 5.13
    to recommit, Sec. 8.9
Nixon, Richard M., President, proceedings against
    authority for investigation by Committee on Judiciary, Sec. 15.2
    broadcasting House and Senate proceedings, resolutions authorizing, 
        Sec. Sec. 15.10, 15.11
    confidentiality of inquiry materials, Sec. 15.3
    consideration by committee of articles of impeachment, Sec. 15.7
    consideration by House of articles of impeachment, Sec. 15.12
    evidence in House inquiry, subpenaed by court, Sec. 15.14
    introduction of impeachment charges, Sec. 15.1
    pardon following resignation, Sec. 15.15
    procedures for presenting evidence and examining witnesses, 
        Sec. 15.6
    report of committee, acceptance by House, Sec. 15.13
    report of committee following resignation of President, Sec. 15.13
    reports by inquiry staff, Sec. Sec. 15.4, 15.5
    resignation of President, Sec. 15.13
    Senate review of impeachment trial rules, Sec. 15.8
    Senate select committee, evidence released by, Sec. 15.9
Presentation of articles to Senate
    appearance of managers to present articles, Sec. Sec. 9.5, 11.4
    date for, messaged to House from Senate, Sec. 9.5
    managers authorized to present articles to Senate, Sec. 9.1
Privilege of impeachment propositions
    charges and resolutions directly impeaching, Sec. Sec. 5.1-5.3
    questions incidental to impeachment, Sec. Sec. 5.8, 5.9
Resignation of accused, discontinuance of proceedings, Sec. Sec. 2.1-
    2.3
Ritter, Halsted, judge, impeachment of
    amendment of articles by the House, Sec. Sec. 18.10, 18.11
    answer of respondent, Sec. 18.15
    appearance of respondent before the Senate, Sec. 18.8
    conduct of trial, Sec. 18.16
    consideration of resolution and articles by the House, Sec. 18.4
    conviction of, Sec. 18.17
    deliberation of Senate behind closed doors, Sec. 18.17
    election of managers and their authority, Sec. 18.5
    final arguments, Sec. 18.16
    House notified of order and judgment, Sec. 18.18
    judgment ordered, Sec. 18.17
    motions to strike articles and specifications, Sec. Sec. 18.12-
        18.14
    organization of Senate for trial, Sec. Sec. 18.6, 18.7
    presentation of articles to Senate, Sec. 18.7
    replication to respondent's answer, Sec. 18.15
    report of Judiciary Committee recommending impeachment, Sec. 18.3
Trial in the Senate
    appearance of managers to present articles, Sec. 11.4
    appearance of respondent, Sec. 11.9
    debate on organizational questions, Sec. 11.11
    deliberation behind closed doors, Sec. 13.1
    House notified of order and judgment, Sec. 13.12

[[Page 1943]]

    oath and organization, Sec. Sec. 11.5, 11.6
    opinions of individual Senators, filing of, Sec. 13.11
    presiding officer, appointment of, Sec. 11.12
    privileges of Senate floor during, Sec. 11.13
Trial procedure
    evidence, presiding officer rules on admissibility of, Sec. 12.7
    evidence returned at close of trial, Sec. 12.9
    exhibits offered in evidence, Sec. 12.8
    final arguments, Sec. 12.12
    motions to strike articles, Sec. Sec. 12.2-12.4
    opening arguments, Sec. 12.1
    rules for trial, nature and amendment of, Sec. Sec. 11.1-11.3
    supplemental rules to govern, Sec. Sec. 11.7, 11.8
    suspension of trial for messages and legislative business, 
        Sec. Sec. 12.5, 12.6
    witness, respondent as, Sec. 12.11
Voting on conviction and judgment
    excuse or disqualification from, Sec. 13.4
    majority vote for judgment of disqualification, Sec. 13.10
    on removal following conviction, Sec. 13.9
    orders governing, Sec. 13.2
    pairs not recognized, Sec. 13.3
    points of order against vote on conviction, Sec. Sec. 13.5, 13.6
    putting the question, Sec. 13.2
    two-thirds vote required for conviction Sec. 13.5

[[Page 1945]]