The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

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.

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 Offenses against the United States, except in Cases of Impeachment.

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.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the prisdent pro tempore of the Senate and the speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the exective department or of such other body as Congress may by law provide, transmit within four days to the president pro tempore of the Senate and the speaker of the house of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for the purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is require to assemble, determines by two-thirds vote of both houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as acting President; otherwise, the President shall resume the power and duties of his office

1. Agitation of Impeachable crimes:
   
   During the term of a government official, the official may commits acts which are against the Constitution or the law of the land.
   
   The Constitution gives information as to what may constitute grounds for Impeachment. The first article that should be looked at is Article 1.3.7. Here we are given the information that once an Impeachment Procedure has happened the government official is:
   
   

   removed from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

   Therefore all government offices are offices of honor and trust.
   
   Article 2.4.1 also states that an official shall be:
   
   

   removed from office on Impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

   The definition of 'high crimes' has raises questions. Some believe that high crimes refer to treason, bribery and crimes against the government. Others have a more open interpretation, that being all crimes of felony and even actions that would desecrate the office. Seeing that all government offices are offices of 'honor' and 'trust' then anything what would dishonor the office or anything that would cause the office to lose trust could qualify, this also include lying to Congress.
   
   
   James Iredell (1751-1799), Former Supreme Court member and delegate from North Carolina wrote:
   
   

   "The President must certainly be punishable for giving false information to the Senate. He is to regulate all intercourse with foreign powers, and it is his duty to impart to the Senate every material intelligence he receives. If it should appear that he has not given them full information but has concealed important intelligence which he ought to have communicated, and by that means induced them to enter into measures injurious to their country, and which they would not consented to had the true state of things been disclosed to them -- in this case, I ask whether, upon an impeachment for a misdemeanor upon such an account, the Senate would probably favor him."

   A question should be raised., If the official has caused the office to lose trust, is the official 'able' to discharge the powers and duties of the office? For example, if Congress has lost trust in a President, and every decision that the President makes is overridden by Congress, is the President 'able' to discharge the powers and duties of the office of the President? The answer should be "no" the official is 'unable' to discard his duties. Causing disgrace to the office should also qualify as a high crime.

   By examing the past Impeachments of goverment officials and their charges a better understanding of 'high crimes' can be gained.

   Since 1797 there has been 16 impeachments (meaning that the House had at least voted and it was ready to go to a Senate trail, Richard M. Nixon was added to the list to help fill in information):
   
   1797: Sen. William Blount of Tenn., for conspiring to stir up the Cherokee Indians,. Charges were dismissed by the Senate.
   
   1803: U.S. District Judge John Pickering of New Hampshire for drunkenness, profanity on the bench and unlawful decisions. Convicted in the Senate and removed from office.
   
   1804: Supreme Court Justice Samuel Chase, for malfeasance in office. Acuitted in the Senate.
   
   1830: U.S. District Judge Jame Peck of Missouri, for abusing his contempt-of-court powers. Acquitted in the Senate.
   
   1862: U.S. District Judge West Humphreys of Tenn., for supporting secession and acting as a judge of the Confederate District Court. Convicted and removed from office.
   
   1868: President Andrew Johnson, for corrupt use of veto power, interfering with elections and other high crimes and misdemeanors. Acquitted by the Senate, which was just one vote short of the two-thirds needed to convict.
   

   (note: not part of the original article)
   The Senate censured Johnson for defying its will by removing government deposits from the Bank of the United States.
   
   Johnson ignored the censure. He charged the Senate was violating the Constitution because the censure charged him with an impeachable offense, and only the House could bring impeachment charges against the president. Johnson's censure was expunged from the Senate record three years later.

   1873: U.S. District Judge Mark Deahay, for misconduct in office and unsuitable personal habits, including intoxication. Resigned before his Senate trial.
   
   1876: Secretary of War William Belknap, for accepting bribes. Resigned his position. Acquitted in the Senate.
   
   1904: U.S. District Judge Charles Swayne of Florida, for padding expense accounts and using property in receivership for personal gain. Acquitted in the Senate.
   
   1912: U.S. Commerce Court Judge Robert Archbald of Penn., for corrupt alliances with coal mine workers and railroad officials. Convicted and removed from office.
   
   1926: U.S. District Judge George English of Ill., for taking an intrest-free loan from a bank of which he was a director. Resigned before the Senate trail.
   
   1936: U.S. District Judge Halsted Ritter of Florida, for secretly taking a $4,500 fee from a former law partner. Convicted and removed from office.
   
   (note: not part of the original article)
   1974: President Richard M. Nixon, for using the power of his high office to obstruct justice by interfering with the investigation of the Watergate break-in; violating his constitutional duty to 'take care that the laws be faithfully executed' by misusing the Internal Revenue Service, FBI and other agencies to investigate political enemies; and with defying a congressional subpoena. Resigned from office before a vote by the full House.
   
   1986: U.S. District Jodge Harry E. Claiborne of Nevada, for income tax evasion. Convicted and removed from office.
   
   1989: U.S. District Judge Alcee L. Hastings of Florida, for perjury and conspiracy to obtain a bribe. Convicted and removed from office.
   
   1989: U.S. District Judge Walter L. Nixon Jr. of Miss., for perjury. Convicted and removed from office.
   
   Source: United Press International, staff report
   
   Printed in the article "House's Challenge: Define 'Impeachable'" by Ruth Marcus and Juliet Eilperin, Washington Post Staff Writers Tuesday, September 8, 1998; Page A01

   During the 1974 Watergate hearings, the Judiciary Committee issued a report on what they felt was the standards for impeachment.
   
   If agitations of impeachable acts are made against the government official Congress will receive them and then after a referendum pass the changes on to the House of Representatives.
   
   

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2. Investigation of impeachable charges:
   
   The House of Representative has the responsibility to investigate the charges and if there is evidence of misfeasance or malfeasance to bring an Article of Impeachment against the government official.
   
   When charges are preferred against an official, the matter is referred to the House Judiciary Committee or to a special House investigating committee. The charges are reviewed by a lawyer for each political party. The review team has 2 weeks to make their report.
   
   If more information is needed on the charges an investigation is performed. The investigation is more of a grand jury hearing then a court of law. Once the charges have been investigated, if there is evidence to support the charges, Articles of Impeachment will be prepared for presentation at the trail and a report issued to the House.
   
   If there is no evidence to support the charges it is reported to the House and the Impeachment Procedure is halted.
   
   

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3. House votes to Impeach:
   
   If there are Articles of Impeachment the House votes on whether or not to impeach, the Article of Impeachment is then passed to the Senate for the trail.
   
   The House then would appoint "managers" who are like prosecutors, "They go over and present the charges to the Senate, which sits like a jury," said Mary Chen, a law professor at George Washington University.
   
   It should be noted that it was during this phase that President Richard M. Nixon resigned, after having 3 Articles of Impeachment and before the vote.
   
   Some have said that the President could pardon himself. While in theory this could be done, in practice it could not. The reason is that it would be an abuse of power which would lead once again to an Impeachment Procedure.
   
   

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4. Senate starts an Impeachment Hearing:
   
   During the Impeachment Hearing the official who is the target of the Impeachment is suspended from his office. Amendment 25, Section 4 is used to suspend the President. The suspension from office is because the official is 'unable' to discard the power and duties of their office. It is because of the 25^th Amendment that the Impeachment is second only to the declaration of war. A President could be removed from office by using the 25^th Admendent, a declaration of war declared and then the Impeachment procedure started. It may not be possible to delay a declaration of war.
   
   When the Senate is sitting in its judicial capacity to try Impeachment cases, all members of the Senate must be placed under oath or affirmation to perform their duty honestly and with due diligence. Placing the entire Senate under oath was designed to impress upon each of the Senators the sacred responsibility which he was obligated to assume before the nation and his Creator to render a fair and just decision.
   
   The attendance must be at least a quorum (half of the Senate membership plus 1) in order to hold the hearing. There is a possibility of partisan imbalance in case the hearing is not well attended. This is why the Senate is placed under oath to be non-partisan.
   
   The hearing is a court of law. It is presided over by the Chief Justice of the United State Supreme Court. Testimony is given under oath. Both sides present their case. The defendant is permitted to have legal counsel and has the right to testify and cross-examine witnesses. At the end of the hearing, Senate goes into closed session. Individual senators are limited to 15 minutes of debate.
   
   

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5. Senate vote to Impeach:
   
   Once the testimony have been given, the present members of Senate vote. It takes ²/₃ of the Senators present for the Impeachment vote to pass. Conviction on even one Article of Impeachment is grounds for removal from office.
   
   It should be noted that even at this point it is possible for the President to be removed under the 25^th Amendment. It requires:

   the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide.

   A computer programmer might diagram the above as:
   
   

   if (Vice President && ((executive officers || Congress body) > 50%))

   This means that the Congress can form a committee, and a majority of that committee and the Vise President could remove the President from office.
   
   But using the 25^th Amendment to remove the President, it could be a way to keep the President from losing all dignity. It would be a graceful way out for the President. This could be used if there are not enough votes to impeach or even after the vote but before the sentencing. Also it would allow the person to be pardoned for their impeachable acts.
   
   The person could still resigned from office. The question that arises is 'once the vote has been taken would the person be able to resign? The answer should be 'yes'. The reason is that in any case they would be out of the office but they would still be responsible for their crimes.
   
   If the vote of Impeachment fails, the official would be 'able to discharge their powers and duties of office'. In the case the of the President he would use the 25^th Amendment Section 4.2 to inform Congress that he is able to discharge the power and duties of office.

   Thereafter, when the President transmits to the prisdent pro tempore of the Senate and the speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the exective department or of such other body as Congress may by law provide,

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6. Impeach and removed from office:
   
   If any government official is convicted on Articles of Impeachment, the punishment of the Senate shall not extend beyond the official removal from office and declaring that the individual is disqualified from holding any office of honor, trust, or profit under the authority of the United States in the future.
   
   Once a person is impeached they can not be pardoned for their acts.
   
   

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7. Charged for crimes:
   
   A person removed from office by Impeachment Proceedings may still be charged, tried and punished for any civil or criminal violation of the law which led to Impeachment.
   
   An Impeachment is not a punishment for any crime which the official might be accused, but merely a protective device to remove the offender from office so that they will have no further opportunity to use the official authority of the government for further malfeasance.
   
   In the interest of justice, therefore, it is here provided that the offender can be criminally charged like any other citizen for the offenses which resulted in the removal from office.