    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress]
    [112nd Congress]
    [House Document 111-157]
    [The United States Constitution]
    [Pages 66-78]
    [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:

    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 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.

    [[Page 67]]

    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. 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

    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 because their number
    was not sufficient to affect the result and 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 68]]

    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.

      \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 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

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

    [[Page 69]]

    fourteen Years a Resident within the United
    States.

    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

    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.

    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 August 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).

      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.

    [[Page 70]]

      The compensation of the President is established by law (3 U.S.C.
    102). In addition, the law provides an expense allowance (3 U.S.C. 102)
    and a travel allowance (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.''

    Sec. 159. Inauguration of the President.

      The  taking of this
    oath, which is termed the inauguration, is made the occasion of certain
    ceremonies that 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 inclement 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 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., Oct. 9, 1984, p. 30926).

    [[Page 71]]

    spective <> Offices, and he shall have Power to grant Reprieves and
    Pardons for Offences against the United States, except in Cases of
    Impeachment.

    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
    re

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

      The   93d
    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 under this clause. 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.

    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.

    [[Page 72]]

    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.

      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

    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.

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

      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
    protocol 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. A message in writing is usually communicated
    to both Houses on the same day, but an accompanying document can 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).

    [[Page 73]]

    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).

    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, the President 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 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

      When the President has expressed desire to address Congress in person
    a concurrent resolution is adopted by both Houses arranging for a joint
    session to receive the message. The Speaker presides and 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).

    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).

    * * * <> 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). Although a message of the President is always read, the latest
    rulings have 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).

    [[Page 74]]

    * * * <> 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.

    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 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).

    [[Page 75]]

    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). Although 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), 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 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 (Dec. 19,
    1998, p. 28110). The President was acquitted by the Senate on each
    article (Feb. 12, 1999, p. 2376).

    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

    [[Page 76]]

    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).

    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

      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 that is a serious dereliction from public duty and (2) for
    nonjudicial conduct that 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).

      In 1974 the Committee on the Judiciary investigated charges of
    impeachment against President Nixon (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
    a resolution of impeachment, and the House accepted the report by
    resolution (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).

    [[Page 77]]

    the Senate, Judge
    Claiborne was convicted on three of the four articles of impeachment and
    removed from office on October 9, 1986.
      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

      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 (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.

      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 restricting access to the communication and to meetings and hearings
    thereon (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 (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 (Dec. 17, 1998, p. 27819). The chair of
    the Committee on the Judiciary called up the resolution on December 18,
    1998 (p. 27828).

    [[Page 78]]

      In 2008, the House agreed to an unreported resolution authorizing an
    impeachment inquiry of Federal district judge G. Thomas Porteous by the
    Committee on the Judiciary and investing it with special investigative
    authorities to facilitate the inquiry (Sept. 17, 2008, p. _), which was
    continued in the next Congress (Jan. 13, 2009, p. _). In 2010, the House
    adopted a resolution reported from the committee and called up as a
    question of the privileges of the House impeaching the judge for high
    crimes and misdemeanors specified in 4 articles of impeachment (Mar. 11,
    2010, p. _).

      In 2009, 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 Samuel B. Kent for high crimes
    and misdemeanors specified in 4 articles of impeachment, some of them
    addressing allegations on which the judge had been convicted in a
    Federal criminal trial (June 19, 2009, p. _).

      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.