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Impeachment Powers

The Constitution declares that ô[t]he 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.ö Impeachment proceedings, though rare in U.S. history, have almost always turned on the phrase ôhigh Crimes and Misdemeanors.ö This paper will examine impeachment generally and the meaning ôhigh crimes and misdemeanorsö specifically, from its origins in English law, to its placement in the U.S. Constitution, to its modern connotation.

II. ENGLISH COMMON LAW AND HIGH CRIMES AND MISDEMEANORS

The power of impeachment originated in England during the late 1300s. The KingÆs ministers and others who held favor with the Crown enjoyed immunity from punishment for private wrongs. Their relationship with the King made them virtually untouchable, unless they fell out of favor with the Crown. Parliament, after a long power struggle with the King, won the right in 1376 to prosecute those charged with ôtreason or other high crimes and misdemeanors.ö The House of Commons served as accuser, filing the complaint, and the House of Lords, usurping the judiciary, served as the trier. Eventually, all ministers chosen by the monarch became accountable to Parliament rather than the Crown.

After less than a century, this power waned and the Crown became ascendant again. Indeed, for 160 years, from 1459 to 1621, no impeachments took place. Another Parliamentary struggle with a King, this time with James I, prompted the revival of impeachment during the 1620s. Only this time, impeachment became more of a political weapon, a Parliamentary tool to be utilized against unpopular policies.

Unable to strike directly at the King, who was immune from prosecution, Parliament instead attacked his ministers to undermine the Crown. Parliament went so far as to impeach the CrownÆs ministers (for all...

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Impeachment Powers. (1969, December 31). In LotsofEssays.com. Retrieved 21:43, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1712873.html