    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [The United States Constitution]
    [Pages 65-77]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                   ARTICLE II.

    Sec. 149. Terms of the President and Vice
    President.

      Section 1. \1\ The  executive Power shall be vested in a President of the
    United States of America. He shall hold his Office during the Term of
    four years, and together with the Vice President, chosen for the same
    Term, be elected, as follows:

    [[Page 66]]

    Presidential terms shall end and successor terms shall begin at noon on
    January 20. Thus, Franklin D. Roosevelt's first term began on March 4,
    1933, but ended at noon on January 20, 1937. Formerly, when March 4 fell
    on Sunday, the public inauguration of the President occurred at noon on
    March 5 (III, 1996; VI, 449). Following ratification of the 20th
    amendment, the first time inauguration day fell on Sunday was January
    20, 1957, and Dwight David Eisenhower took the oath for his second term
    in a private ceremony at the White House on that day followed by a
    public inauguration ceremony on the steps of the East Front of the
    Capitol on Monday, January 21, 1957. A similar scenario was followed at
    the beginning of President Reagan's second term, with the oath being
    given at the White House on January 20, 1985, followed by a public
    ceremony on Monday, January 21, in the Rotunda of the Capitol. The 22d
    amendment provides that no person shall be elected President more than
    twice.

    Sec. 150. Commencement of President's term of
    office.

      George  Washington took the oath of office, as the first President on
    April 30, 1789 (III, 1986). The two Houses of the First Congress found,
    after examination by a joint committee, that by provisions made in the
    Federal Constitution and by the Continental Congress, the term of the
    President had, notwithstanding, begun on March 4, 1789 (I, 3). The 20th
    amendment, declared to have been ratified on February 6, 1933, provides
    that

    Sec. 151. Electors of President and Vice President
    and their qualifications.

      \2\ Each  State shall appoint, in such Manner as the
    Legislature thereof may direct, a Number of Electors, equal to the whole
    Number of Senators and Representatives to which the State may be
    entitled in the Congress; but no Senator or Representative, or Person
    holding an Office of Trust or Profit under the United States, shall be
    appointed an Elector.

    Sec. 152. Questions as to qualifications of
    electors.

      Questions  of the qualifications of electors have arisen, and in one
    instance certain ones were found disqualified, but as their number was
    not sufficient to affect the result and as there was doubt as to what
    tribunal should pass on the question the votes were counted (III, 1941).
    In other cases there were objections, but the votes were counted (III,
    1972-1974, 1979). In one instance an elector found to be disqualified
    resigned both offices, whereupon he was made eligible to fill the
    vacancy thus caused among electors (III, 1975).

    [[Page 67]]

    they shall sign and certify, and transmit sealed to the Seat of
    Government of the United States, directed to the President of the
    Senate. The President of the Senate shall, in the presence of the Senate
    and House of Representatives, open all the Certificates, and the Votes
    shall then be counted. The Person having the greatest Number of Votes
    shall be the President, if such Number be a majority of the whole Number
    of Electors appointed: and if there be more than one who have such
    Majority, and have an equal Number of Votes, then the House of
    Representatives shall immediately chuse by Ballot one of them for
    President; and if no Person have a Majority, then from the five highest
    on the List the said House shall in like manner chuse the President. But
    in chusing the President, the Votes shall be taken by States, the
    Representation from each State having one Vote; A quorum for this
    purpose shall consist of a Member or Members from two thirds of the
    States, and a Majority of all the States shall be necessary to a Choice.
    In every Case, after the Choice of the President, the Person having the
    greatest Number of Votes of the Electors shall be the Vice President.
    But if there should remain two or more who have equal Votes, the Senate
    shall chuse from them by Ballot the Vice-President.]

    Sec. 152a. Original provision for failure of
    electoral college to choose, superseded by 12th amendment.

      \3\ [The  Electors
    shall meet in their respective States and vote by Ballot for two
    Persons, of whom one at least shall not be an Inhabitant of the same
    State with themselves. And they shall make a List of all the Persons
    voted for, and of the Number of Votes for each; which List

    <>   \4\ The Congress may determine the Time of chusing
    the Electors, and the Day on which they shall

    [[Page 68]]

    give their Votes; which Day shall be the same throughout the United
    States.

      This third clause of article II, section 1 was superseded by the 12th
    amendment (see Sec. Sec. 219-223, infra).

      The time for choosing electors has been fixed on ``the Tuesday next
    after the first Monday in November, in every fourth year''; and the
    electors in each State ``meet and give in their votes on the first
    Monday after the second Wednesday in December next following their
    appointment, at such place in each State as the legislature of such
    State shall direct'' (III, 1914; VI, 438; 3 U.S.C. 1, 7). The statutes
    also provide for transmitting to the President of the Senate
    certificates of the appointment of the electors and of their votes (III,
    1915-1917; VI, 439; 3 U.S.C. 11).

    Sec. 154. Qualifications of President of the United
    States.

      \5\ No  Person except a natural born Citizen, or a Citizen of the
    United States, at the time of the Adoption of this Constitution, shall
    be eligible to the Office of President; neither shall any Person be
    eligible to that Office who shall not have attained to the Age of thirty
    five Years, and been fourteen Years a Resident within the United States.

    Sec. 155. Succession in case of removal, death,
    resignation, or disability of President and Vice President.

      \6\ In  Case of
    the Removal of the President from Office, or of his Death, Resignation,
    or Inability to discharge the Powers and Duties of the said Office, the
    Same shall devolve on the Vice President, and the Congress may by Law
    provide for the Case of Removal, Death, Resignation or Inability, both
    of the President and Vice President, declaring what Officer shall then
    act as President, and such Officer shall act accordingly, until the
    Disability be removed, or a President shall be elected.

    [[Page 69]]

    gust 9, 1974, by delivering a signed resignation to the Office of the
    Secretary of State, pursuant to 3 U.S.C. 20. Pursuant to amendment XXV,
    Vice President Gerald R. Ford became President and the House and Senate
    confirmed his nominee, Nelson A. Rockefeller, to become Vice President
    (December 19, 1974, p. 41516).

    Sec. 156. Resignation of the President.

      Amendment  XXV
    provides for filling a vacancy in the Office of the Vice President and,
    when the President is unable to perform the duties of his office, for
    the Vice President to assume those powers and duties as Acting
    President. During the 93d Congress, President Richard M. Nixon resigned
    from office on Au

      Congress also has provided for the performance of the duties of the
    President in case of removal, death, resignation or inability, both of
    the President and Vice President (3 U.S.C. 19).

    Sec. 157. Compensation of President.

      \7\ The  President
    shall, at stated Times, receive for his Services, a Compensation, which
    shall neither be encreased nor diminished during the Period for which he
    shall have been elected, and he shall not receive within that Period any
    other Emolument from the United States, or any of them.

      The compensation of the President, formerly fixed at $200,000 per
    annum (3 U.S.C. 102), was increased to $400,000, effective January 20,
    2001 (P.L. 106-59). In addition the law provides an expense allowance of
    $50,000 (3 U.S.C. 102), and authorizes a travel allowance of not to
    exceed $100,000 (3 U.S.C. 103).

    Sec. 158. Oath of the President.

      \8\ Before  he enter on the
    Execution of his Office, he shall take the following Oath or
    Affirmation:--``I do solemnly swear (or affirm) that I will faithfully
    execute the Office of President of the United States, and will to the
    best of my Ability, preserve, protect and defend the Constitution of the
    United States.''

    [[Page 70]]

    Franklin D. Roosevelt, who had been elected for his fourth term as
    President, took the oath of office on the south portico at the White
    House. On August 9, 1974, Gerald R. Ford, who as Vice President
    succeeded to the Presidency following the resignation of President Nixon
    on that day, was sworn in in the East Room of the White House. The West
    Front of the Capitol was first used for the inaugural ceremony for
    Ronald W. Reagan, Jan. 20, 1981. Because of extreme cold, the public
    administration of the oath was for the first time held in the Rotunda of
    the Capitol, rather than on the West Front, as scheduled, on January 21,
    1985. Permission for such use is authorized by concurrent resolution
    (see, e.g., S. Con. Res. 144, 98th Cong. Oct. 9, 1984, p. 30926).

    Sec. 159. Inauguration of the President.

      The  taking of this
    oath, which is termed the inauguration, is made the occasion of certain
    ceremonies which are arranged for by a joint committee of the two Houses
    (III, 1998, 1999; VI, 451). For many years the oath was normally taken
    at the east portico of the Capitol, although in earlier years it was
    taken in the Senate Chamber or Hall of the House (III, 1986-1995). On
    March 4, 1909, owing to inclemency of the weather, the President-elect
    took the oath and delivered his inaugural address in the Senate Chamber
    (VI, 447). And when Vice President Fillmore succeeded to the vacancy in
    the Office of President, Congress being in session, he took the oath in
    the Hall of the House in the presence of the Senate and House (III,
    1997). In 1945

    Sec. 160. The President the Commander in
    Chief.

      Section 2. \1\ The  President shall be Commander in Chief of the Army and Navy of
    the United States, and of the Militia of the several States, when called
    into the actual Service of the United States; he may require
    the <> Opinion,
    in writing, of the principal Officer in each of the executive
    Departments, upon any Subject relating to the Duties of their
    respective <> Offices, and he shall have Power to grant Reprieves and
    Pardons for Offences against the United States, except in Cases of
    Impeachment.

    Sec. 163. War powers of Congress and the President.

      In  the
    93d Congress, the Congress passed over the President's veto Public Law
    93-148, relating to the power of Congress to declare war under article
    I, section 8, clause 11 (Sec. 127, supra) and the power of the President
    as Commander in Chief. For further discussion of the reports to Congress
    required and the procedure for congressional action provided under
    Public Law 93-148, see Sec. 128, supra.

    [[Page 71]]

    Sec. 164. Pardon of former President.

      In  1974, President
    Ford exercised his power under the last phrase of this clause by
    pardoning former President Nixon for any crimes he might have committed
    during a certain period in office (Proclamation 4311, September 8,
    1974). The former President had resigned on August 9, 1974, following
    the decision of the Committee on the Judiciary to report to the House a
    recommendation of impeachment (H. Rept. 93-1305, Aug. 20, 1974, p.
    29219).

    Sec. 165. President makes treaties.

      \2\ He  shall have Power,
    by and with the Advice and Consent of the Senate, to make Treaties,
    provided two thirds of the Senators present concur; and he shall
    nominate, and by and with the Advice and Consent of the Senate, shall
    appoint Ambassadors, <> other public Ministers and Consuls, Judges of the Supreme
    Court, and all other Officers of the United States, whose Appointments
    are not herein otherwise provided for, and which shall be established by
    Law; but the Congress may by Law vest the Appointment of such inferior
    Officers, as they think proper, in the President alone, in the Courts of
    Law, or in the Heads of Departments.

      The power of the President to appoint diplomatic representatives to
    foreign governments and to determine their rank is derived from the
    Constitution and may not be circumscribed by statutory enactments (VII,
    1248). In Buckley v. Valeo, 424 U.S. 1 (1976) the Supreme Court held
    that any appointee exercising significant authority (not merely internal
    delegable authorities within the legislative branch) pursuant to the
    laws of the United States is an Officer of the United States and must
    therefore be appointed pursuant to this clause, and that Congress cannot
    by law vest such appointment authority in its own officers or require
    that Presidential appointments be subject to confirmation by both
    Houses. For a discussion of the role of the House with respect to
    treaties affecting revenue, see Sec. 597, infra.

    Sec. 167. President's power to fill vacancies during
    recess of the Senate.

      \3\ The  President shall have Power to fill up all
    Vacancies that may happen during the Recess of the Senate, by granting
    Commissions which shall expire at the End of their next Session.

    [[Page 72]]

    to their Consideration such Measures as he shall judge necessary and
    expedient; * * *

    Sec. 168. Messages from the President.

      Section 3.  He shall
    from time to time give to the Congress Information of the State of the
    Union, and recommend

      In the early years of the Government the President made a speech to
    Congress on its assembling (V, 6629), but in 1801 President Jefferson
    discontinued this practice and transmitted a message in writing. This
    precedent was followed until April 8, 1913, when the custom of
    addressing Congress in person was resumed by President Wilson and, with
    the exception of President Hoover (VIII, 3333) has been followed
    generally by subsequent Presidents. Only messages of major importance
    are delivered in person. A message in writing is usually communicated to
    both Houses on the same day, but an original document accompanying can
    of course be sent to but one House (V, 6616, 6617). The President's
    State of the Union message delivered in person to the 95th Congress,
    second Session, together with separate hand-delivered written messages,
    were referred on motion to the Union Calendar and ordered printed (Jan.
    19, 1978, p. 152). In early years confidential messages were often sent
    and considered in secret session of the House (V, 7251, 7252).

    Sec. 169. Messages required by law.

      By  law (31 U.S.C. 1105),
    the President is required to transmit the Budget to Congress on or after
    the first Monday in January but not later than the first Monday in
    February each year. In addition, he is required to submit a supplemental
    budget summary by July 16 each year (31 U.S.C. 1106). Submission of the
    Economic Report of the President is required within 10 days after the
    submission of the January budget (15 U.S.C. 1022). The Congressional
    Budget and Impoundment Control Act of 1974 (2 U.S.C. 601) requires the
    transmittal to Congress by the President of amendments and revisions
    related to the budget on or before April 10 and July 15 of each year. In
    addition, the Act provides for the transmittal of messages proposing
    rescissions and deferrals of budget authority (2 U.S.C. 682).

      When the President has indicated that he will address Congress in
    person a concurrent resolution is adopted by both Houses arranging for a
    joint session to receive the message. At the appointed hour the Members
    of the Senate arrive. The President of the Senate (the Vice President)
    sits to the right of the Speaker, but in the absence of the Vice
    President, the President pro tempore sits to the left of the Speaker
    (Nov. 27, 1963, p. 22838). The Speaker presides.

    Sec. 170. Reception of messages from the
    President.

      The  ceremony of receiving a message in writing is simple (V,
    6591), and may occur during consideration of a question of privilege (V,
    6640-6642) or before the organization of the House (V, 6647-6649) and in
    the absence of a quorum (V, 6650; VIII, 3339; clause 7 of rule XX).

    [[Page 73]]

    not permitted the reading of the accompanying documents to be demanded
    as a matter of right (V, 5267-5271; VII, 1108). A concurrent resolution
    providing for a joint session to receive the President's message was
    held to be of the highest privilege (VIII, 3335).

    * * * <> he may, on extraordinary Occasions, convene both
    Houses, or either of them, and in Case of Disagreement between them,
    with Respect to the Time of Adjournment, he may adjourn them to such
    Time as he shall think proper; * * *

      But, with the exception of vetoes, messages are regularly laid before
    the House only at the time prescribed by the rule for the order of
    business (V, 6635-6638) within the discretion of the Speaker (VIII,
    3341). While a message of the President is always read in full the
    latest rulings have

    * * * <> he shall receive Ambassadors and other
    public Ministers; he shall take Care That the Laws be faithfully
    executed, and shall Commission all the officers of the United States.

      In certain exigencies the President may convene Congress at a place
    other than the seat of government (I, 2; 2 U.S.C. 27). Congress has on
    occasion been convened by the President (I, 10, 11; Nov. 17, 1947, p.
    10578; July 26, 1948, p. 9362), and in one instance, when Congress had
    provided by law for meeting, the President called it together on an
    earlier day (I, 12). The Congress having adjourned on July 27, 1947, p.
    10521, and on June 20, 1948, p. 9350, to a day certain, the President
    called it together on an earlier date than that to which it adjourned
    (Nov. 17, 1947, p. 10577; July 26, 1948, p. 9362). There has been some
    discussion as to whether or not there is a distinction between a session
    called by the President and other sessions of Congress (I, 12,
    footnote).

    Sec. 173. Impeachment of civil officers.

      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.

    [[Page 74]]

    not be impeached (III, 2007). But resignation of the office, does not
    prevent impeachment for crime or misdemeanor therein (III, 2007, 2317,
    2444, 2445, 2459, 2509). In Blount's case it was decided that a Senator
    was not a civil officer within the meaning of the impeachment provisions
    of the Constitution (III, 2310, 2316). Questions have also arisen as to
    whether or not the Congressional Printer (III, 1785), or a vice consul-
    general (III, 2515), might be impeached. Proceedings for the impeachment
    of territorial judges have been taken in several instances (III, 2486,
    2487, 2488), although various opinions have been given that such an
    officer is not impeachable (III, 2022, 2486, 2493). A committee of the
    House by majority vote held a Commissioner of the District of Columbia
    not to be a civil officer subject to impeachment under the Constitution
    (VI, 548). An independent counsel appointed under 28 U.S.C. 593 (a
    statute currently ineffective under 28 U.S.C. 599) may be impeached
    under 28 U.S.C. 596(a), and a resolution impeaching such an independent
    counsel constitutes a question of the privileges of the House under rule
    IX (Sept. 23, 1998, p. 21560).

    Sec. 174. As to the officers who may be impeached.

      In  the
    Blount trial the managers contended that all citizens of the United
    States were liable to impeachment, but this contention was not admitted
    (III, 2315), and in the Belknap trial both managers and counsel for
    respondent agreed that a private citizen, apart from offense in an
    office, might

    [[Page 75]]

    at length (III, 2014, 2381, 2382, 2518, 2519). The statutes make
    nonresidence of a judge an impeachable offense, and the House has taken
    steps to impeach for this cause (III, 2476, 2512). There has, however,
    been some question as to the power of Congress to make an impeachable
    offense (III, 2014, 2015, 2021, 2512). Usurpation of power has been
    examined several times as a cause for impeachment (III, 2404, 2508,
    2509, 2516, 2517). There also has been discussion as to whether or not
    there is distinction between a misdemeanor and a high misdemeanor (III,
    2270, 2367, 2492). Review of impeachments in Congress showing the nature
    of charges upon which impeachments have been brought and judgments of
    the Senate thereon (VI, 466). The report accompanying a resolution to
    impeach President Clinton, and the debate in the House thereon, included
    discussion of the nature of an impeachable offense (H. Rept. 105-830;
    Dec. 18, 1998, p. 27828). Of the four articles of impeachment of
    President Clinton reported by the Committee on the Judiciary ((1)
    perjury in grand jury, (2) perjury in a civil deposition, (3)
    obstruction of justice, and (4) improper responses to written questions
    from the Committee on the Judiciary), only the first and third were
    adopted by the House (H. Res. 611, Dec. 19, 1998, p. 28110). The
    President was acquitted by the Senate on each article (Feb. 12, 1999, p.
    ----).

    Sec. 175. Nature of impeachable offenses.

      As  to what are
    impeachable offenses there has been much discussion (III, 2008, 2019,
    2020, 2356, 2362, 2379-2381, 2405, 2406, 2410, 2498, 2510; VI, 455;
    Impeachment of Richard M. Nixon, President of the United States,
    Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, p. 29219;
    Associate Justice William O. Douglas, Final Report by the Special
    Subcommittee on H. Res. 920, Committee on the Judiciary, Sept. 17, 1970;
    Impeachment of William Jefferson Clinton, President of the United
    States, H. Rept. 105-830, Dec. 16, 1998). For a time the theory that
    indictable offenses only were impeachable was stoutly maintained and as
    stoutly denied (III, 2356, 2360-2362, 2379-2381, 2405, 2406, 2410,
    2416); but on the 10th and 11th articles of the impeachment of President
    Andrew Johnson the House concluded to impeach for other than indictable
    offenses (III, 2418), and in the Swayne trial the theory was definitely
    abandoned (III, 2019). While there has not been definite concurrence in
    the claim of the managers in the trial of the President that an
    impeachable offense is any misbehavior that shows disqualification to
    hold and exercise the office, whether moral, intellectual, or physical
    (III, 2015), yet the House has impeached judges for improper personal
    habits (III, 2328, 2505), and in the impeachment of the President one of
    the articles charged him with ``intemperate, inflammatory, and
    scandalous harangues'' in public addresses, tending to the harm of the
    Government (III, 2420). There was no conviction under these charges
    except in the single case of Judge Pickering, who was charged with
    intoxication on the bench (III, 2328-2341). As to the impeachment of
    judges for other delinquencies, there has been much contention as to
    whether they may be impeached for any breach of good behavior (III,
    2011, 2016, 2497), or only for judicial misconduct occurring in the
    actual administration of justice in connection with the court (III,
    2010, 2013, 2017). The intent of the judge (III, 2014, 2382) as related
    to mistakes of the law, and the relations of intent to conviction have
    been discussed

    Sec. 176. Later impeachment inquiries.

      The  articles of
    impeachment adopted by the House in 1936 against Judge Ritter charged a
    variety of judicial misconduct, including violations of criminal law.
    The seventh and general article, upon which Judge Ritter was convicted
    by the Senate, charged general misconduct to bring his court into
    scandal and disrepute and to destroy public confidence in his court and
    in the judicial system (Impeachment by the House, Mar. 2, 1936, p. 3091;
    Conviction by the Senate, Apr. 17, 1936, p. 5606). Following his
    conviction by the Senate, former Judge Ritter brought an action for back
    salary, contending that the Senate had tried and convicted him for
    nonimpeachable offenses. The U.S. Court of Claims held that the Senate's
    power to try impeachments was exclusive and not subject to judicial
    review. Ritter v. United States, 84 Ct. Cls. 293 (1936), cert. denied,
    300 U.S. 668 (1937).

      In 1970 a special subcommittee of the Committee on the Judiciary
    considered charges of impeachment against Associate Justice Douglas of
    the Supreme Court. The subcommittee recommended against his impeachment
    but concluded that a Federal judge could be impeached (1) for judicial
    conduct which is a serious dereliction from public duty and (2) for
    nonjudicial conduct which is criminal in nature (Associate Justice
    William O. Douglas, Final Report by the Special Subcommittee on H. Res.
    920, Committee on the Judiciary, September 17, 1970).

    [[Page 76]]

    a resolution of impeachment, and the House accepted the report by
    resolution (H. Res. 1333, Aug. 20, 1974, p. 29361). The report of the
    committee included the text of the three articles of impeachment adopted
    by the committee. The committee had concluded that impeachable offenses
    need not be indictable offenses and recommended impeachment of the
    President (1) for violating his oath of office and his duty under the
    Constitution by preventing, obstructing, and impeding the administration
    of justice; (2) for engaging in a course of conduct violating the
    constitutional rights of citizens, impairing the administration of
    justice, and contravening the laws governing executive agencies; and (3)
    for failing to honor subpoenas issued by the Committee on the Judiciary
    in the course of its impeachment inquiry (Impeachment of Richard M.
    Nixon, President of the United States, Committee on the Judiciary, H.
    Rept. 93-1305, Aug. 20, 1974, printed in full in the Cong. Record, Aug.
    22, 1974, p. 29219).
      In 1974 the Committee on the Judiciary investigated charges of
    impeachment against President Nixon (H. Res. 803, Feb. 6, 1974, p.
    2349), and determined to recommend his impeachment to the House. The
    President having resigned, the committee reported to the House without
    submitting

      In 1986, for the first time since 1936, the House agreed to a
    resolution impeaching a Federal district judge. Judge Harry Claiborne
    had been convicted of falsifying Federal income tax returns. His final
    appeal was denied by the Supreme Court in April, and he began serving
    his prison sentence in May. Because he declined to resign, however,
    Judge Claiborne was still receiving his judicial salary and, absent
    impeachment, would resume the bench on his release from prison.
    Consequently, a resolution of impeachment was introduced on June 3, and
    on July 16, the Committee on the Judiciary reported to the House four
    articles of impeachment against Judge Claiborne. On July 22, the
    resolution was called up as a question of privilege and agreed to by a
    recorded vote of 406 yeas, 0 nays. After trial in the Senate, Judge
    Claiborne was convicted on three of the four articles of impeachment and
    removed from office on October 9, 1986.

      In 1988, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Alcee L. Hastings for high
    crimes and misdemeanors specified in 17 articles of impeachment, some of
    them addressing allegations on which the judge had been acquitted in a
    Federal criminal trial (H. Res. 499, 100th Cong., Aug. 3, 1988, p.
    20206). No trial in the Senate was had before the adjournment of the
    100th Congress. In the 101st Congress, the House reappointed managers to
    conduct this impeachment in the Senate (Jan. 3, 1989, p. 84); the Senate
    began its deliberations on March 15, 1989 (p. 4219); conviction and
    removal from office occurred on October 20, 1989 (p. 25335). Also in the
    101st Congress, the Senate convicted Federal district judge Walter L.
    Nixon on two of the three impeachment charges brought against him (Nov.
    3, 1989, p. 27101). For further discussion of the continuance of
    impeachment proceedings in a succeeding Congress, see Sec. 620, infra.

    [[Page 77]]

    stricting access to the communication and to meetings and hearings
    thereon (H. Res. 525, Sept. 11, 1998, p. 20020). Later, the House
    adopted a privileged resolution reported from the Committee on the
    Judiciary authorizing an impeachment inquiry by that committee and
    investing it with special investigative authorities to facilitate the
    inquiry (H. Res. 581, Oct. 8, 1998, p. 24679). The Committee on the
    Judiciary filed with the House a privileged report accompanying a
    resolution containing four articles of impeachment against President
    Clinton that alleged: (1) the President gave perjurious, false, and
    misleading testimony to a grand jury; (2) the President gave perjurious,
    false, and misleading testimony in a Federal civil action; (3) the
    President prevented, obstructed, and impeded the administration of
    justice relating to a Federal civil action; and (4) the President abused
    his office, impaired the administration of justice, and contravened the
    authority of the legislative branch by his response to 81 written
    questions submitted by the Committee on the Judiciary (H. Res. 611, Dec.
    17, 1998, p. 27819). The chairman of the Committee on the Judiciary
    called up the resolution on December 18, 1998 (p. 27828).
      In 1998 the House agreed to a privileged resolution reported from the
    Committee on Rules, referring to the Committee on the Judiciary a
    communication from an independent counsel transmitting under 28 U.S.C.
    595(c) evidence of possible impeachable offenses by President Clinton,
    and re

      A resolution offered from the floor to permit the Delegate of the
    District of Columbia to vote on the articles of impeachment was held not
    to constitute a question of the privileges of the House under rule IX
    (Dec. 18, 1998, p. 27825). To a privileged resolution of impeachment, an
    amendment proposing instead censure, which is not privileged, was held
    not germane (Dec. 19, 1998, p. 28100).

      For further discussion of impeachment proceedings, see Sec. Sec. 601-
    620, infra; Sec. 31, supra, and Deschler, ch. 14.