Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 112th Congress-Article II

[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.