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70-607: Many of the legislators would become prominent figures during the territorial years of Oregon. At first the body was a small committee of nine people, but the group was altered when the Organic Laws of Oregon were revised in 1845 with the legislative branch of the Provisional Government becoming the Oregon House of Representatives with a minimum of 13 members. Once the government was dissolved in 1849, all

140-627: A House committee before the full House votes on it. The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary . A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules , and then to the Judiciary Committee. The House Committee on

210-679: A unicameral or single body. At that time the title of the legislature was the Legislative Committee and it consisted of nine elected representatives apportioned by population to the four established districts (which later became counties). The Organic Laws required the legislature to meet in June and December of each year. The first meeting of the 1844 legislature took place June 18 at the home of Felix Hathaway in Oregon City. This session lasted until June 27, and another session

280-662: A unicameral legislature , after the Nebraska Legislature votes to impeach, an impeachment trial takes place before the Nebraska Supreme Court . In addition to all the members of its upper chamber, the state of New York 's Court of the Trial of Impeachments also includes all seven members of the state's highest court, the New York Court of Appeals . Other governments and organizations in

350-671: A "civil officer of the United States". In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War . The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial. The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump , which commenced 20 days after Trump's term in office expired, although Trump's impeachment itself occurred while he

420-504: A 3/4ths vote, apportion the legislators among the districts, create post offices, levy taxes, declare war, organize and call out the militia, create lower courts, pass laws concerning the general welfare of the region, regulate trade with the Native Americans, regulate liquor sale and manufacture, and regulate the police power of the government, among other powers. Meetings continued to be in June and December. With these changes,

490-449: A civil service termination appeal in terms of the contemplated deprivation. Therefore, the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding. The president may not grant a pardon in the impeachment case, but may in any resulting federal criminal case (unless it is the president who is convicted and thus loses the pardon power). However, whether the president can self-pardon for criminal offenses

560-533: A former president who has been removed from office due to impeachment and conviction is still guaranteed lifetime Secret Service protection. State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon. The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and

630-483: A law forbidding the sale of firearms and supplies to Native Americans was repealed, and a law was passed to authorize the minting of gold coins. The law concerning the coins allowed for the creation of the Beaver Coins , which had a higher gold content than United States minted coins. Less than a month later, when the new territorial governor Joseph Lane arrived, however, he rescinded the law as unconstitutional and

700-641: A matter of law. The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment. As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members   ... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with

770-443: A mayor is removed directly by the governor "upon being heard" on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor. In 2018, the entire Supreme Court of Appeals of West Virginia was impeached , something that has been often threatened, but had never happened before. Most states follow the same model as the United States federal government of having

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840-460: A penalty of removal. Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution . Impeachment might also occur with tribal governments as well as at the local level of government. The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of

910-519: A person being impeached. The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State . Upon conviction in the Senate, the official is automatically removed from office and may by a separate vote also be barred from holding future office. The Senate trial is not an actual criminal proceeding and more closely resembles

980-436: A special session of the legislature met August 5 until August 20 in Oregon City. On August 11, 1845 at the introduction of Jesse Applegate the body passed a law against dueling within a half hour that Governor Abernethy also signed within 30 minutes of the bill's introduction. A new legislature met beginning on December 2, with Robert Newell serving as the speaker of the body through December 10 and Henry A. G. Lee assuming

1050-654: A state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117–1 to impeach Rod Blagojevich on corruption charges ; he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. In addition, the legislatures of the territories of American Samoa , Northern Mariana Islands , and Puerto Rico have impeachment powers. The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York

1120-477: Is a "civil officer of the United States" subject to impeachment. At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than

1190-431: Is an open question, which has never been reviewed by a court. Beginning in the 1980s with Harry E. Claiborne , the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI. These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to

1260-512: Is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee . The impeachment process may be requested by non-members. For example, when

1330-487: The Cayuse War . A large force under the command of Cornelius Gilliam was then organized and sent to punish those responsible for the massacre. On December 23, the group created Benton District out of the southern section of Polk District, naming the new district for Missouri Senator Thomas Hart Benton . In the legislature, Robert Newell was chosen as the speaker of the group with Calvin W. Cook as clerk. Members of

1400-704: The Impeachment of Alejandro Mayorkas , the Cabinet Secretary of Homeland Security, was unprecedented. The trial proceedings ended quickly because after jurors were sworn in, the Senate dismissed the accusations by agreeing to a point of order that the articles of impeachment did not comply with the United States Constitution . The majority of the Senate ruled that the articles accusing Mayorkas of willfully and systematically refusing to comply with Federal immigration laws and breaching

1470-494: The Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor , the president, or state or territorial legislature , grand jury , or by petition . An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives. An impeachment resolution may first pass through

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1540-505: The Whitman massacre , which occurred on November 29, 1847, was delivered to the legislature by Governor Abernethy . This event would dominate the remainder of the session as the Provisional Government worked with the Hudson's Bay Company to send an army east to Walla Walla . Forty-two men under the command of Henry A. G. Lee were sent immediately to The Dalles in what was the beginning of

1610-503: The Wounded Knee Occupation . Examples of Native tribal officials that were impeached include: Some municipal governments allow for officials such as mayors to be impeached by the municipal government. Cities where municipal governments have impeachment proceedings include some smaller cities, such as Houston, Missouri . One example of an impeachment by a municipal government is that of Philip Tomppert , who

1680-481: The governor , in accordance with their respective state constitution . A number of organized United States territories do as well. Additionally, impeachment is a practice of other government bodies, such as tribal governments . Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under

1750-496: The Concurrence of two thirds, expel a Member" (see List of United States senators expelled or censured and List of United States representatives expelled, censured, or reprimanded ). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee. The constitutional text is silent on whether an officer can be tried after

1820-525: The House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the Speaker of the United States House of Representatives . These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving

1890-399: The Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law). Either as part of the impeachment resolution or separately specific grounds and allegations of for impeachment will be outlined in one or more articles of impeachment . The House debates the resolution and may at the conclusion consider

1960-963: The Oregon Country (mainly those from the Willamette Valley ), created a provisional government at Champoeg . In May and June, a nine-person committee met in Oregon City and drafted the Organic Laws of Oregon as a pseudo-constitution that was subsequently ratified on July 5, 1843. This document created the government and authorized a provisional legislature of nine people. On May 16, the nine-person committee of James A. O'Neil , Robert Moore , William H. Gray , William P. Dougherty , David Hill , Robert Shortess , Thomas J. Hubbard , Robert Newell , and Alanson Beers met for three days to draft laws. The group met again for two days starting on June 16, with George LeBreton serving as

2030-476: The Senate". Several impeached judges, including District Court Judge Walter Nixon , sought court intervention in their impeachment proceedings on these grounds. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are political questions and could not be resolved in the courts . In

2100-535: The Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law" in the regular federal or state courts. However, the Former Presidents Act of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. Because of an amendment to that law in 2013,

2170-412: The Senate, except for Sundays. There is no timeframe requirement for when the managers must actually deliver the articles of impeachment to the Senate. On the set date, senators are sworn in for the impeachment trial. The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations . The House members, who are given

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2240-460: The Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber's time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as this did not meet the constitutional requirement for their cases to be "tried by

2310-728: The State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well. Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma , escaped impeachment by one vote in 1912. Several others, including Missouri 's Eric Greitens in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable. The most recent impeachment of

2380-576: The United States Constitution . This triggers a federal impeachment trial in the United States Senate , which can vote by a 2/3 majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office. Most state legislatures can impeach state officials, including

2450-664: The United States also utilize impeachment. Many tribal governments have impeachment, with tribes generally utilizing a similar bifurcated process to the federal government, having an impeachment vote followed by an impeachment trial. Examples of tribal governments that have an impeachment process include the Pine Ridge Indian Reservation Northern Cheyenne Indian Reservation , Eastern Band of Cherokee Indians , and Oglala Sioux . The Iroquois (Haudenosaunee) Confederacy's Great Law of Peace , which predates

2520-583: The United States of America held impeachments. Impeachment was a process carried over from England . Unlike in modern America, but similarly to the practice of impeachment in England, in at least some colonies impeachment was a process that could also be used to try non-officeholders and give criminal penalties. However, in practice, the colonies primarily limited their impeachments to officeholders and punishment to removal from office. Most charges in impeachments were related to misconduct in office. Impeachments in

2590-432: The United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The Constitution does not articulate who qualifies as a "civil officer of the United States". Federal judges are subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", including a head of an agency such as a Secretary, Administrator, or Commissioner,

2660-449: The United States, shall be removed from Office on Impeachment for, and Conviction of, Treason , Bribery , or other high Crimes and Misdemeanors. The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not itself define "high crimes and misdemeanors". The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of

2730-429: The United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Article II, Section 2 provides: [The President]   ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. Article II, Section 4 provides: The President , Vice President and all civil Officers of

2800-402: The back every six months, until the person left the region. Members of the legislature and the districts they represented (McCarver served as the speaker of the body with John E. Long as the recorder): The 1845 legislature met three different times, under two different structures. First, from June 24 to July 5, 1845, the legislature met in Oregon City, first at the home of John E. Long and then

2870-603: The case of impeachment of the president, the Chief Justice of the Supreme Court presides over the trial. During the second impeachment trial of Donald Trump , some Senate Republicans argued that the Chief Justice was required to preside, even though Trump was no longer the President when the trial began. However, by a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional. The trial

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2940-477: The coins were collected and removed from circulation. For the legislative session Ralph Wilcox was chosen as speaker, but he resigned from the post. Stephen Meek served as the doorkeeper, William G. T’Vault as a clerk, and William Holmes as sergeant at arms. Members of the legislature and the districts they represented: On June 15, 1846, the Oregon Treaty was signed with Great Britain, which settled

3010-437: The collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defense with his or her own attorneys as well. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence . After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict

3080-457: The colonies used a similar bifurcated process to the common modern practice of an impeachment vote followed by an impeachment trial. Like the English impeachment practice and modern United States federal impeachment practice, the charges would be brought by a colonial legislature's lower chamber and tried in its upper chamber. Some states were independent governments before being admitted into

3150-573: The constitution of the United States, includes what amounts to an impeachment process through which clan mothers can remove and replace a sachem for misdeeds. This is unique in that only a tribe's women are allowed to remove a sachem through this process. A notable Native impeachment attempt was the 1975 effort to impeach Dick Wilson as chairman of the Oglala of the Pine Ridge Indian Reservation . This immediately preceded

3220-515: The court of impeachment. In Missouri, after the lower chamber votes to impeach, an impeachment trial is held before the Supreme Court of Missouri , except for members of that court or for governors, whose impeachments are to be tried by a panel of seven judges (requiring a vote of five judges to convict), with the members of the panel being selected by the upper legislative chamber, the Missouri State Senate . In Nebraska , which has

3290-470: The details below. Request from 172.68.168.133 via cp1102 cp1102, Varnish XID 549200533 Upstream caches: cp1102 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 05:31:39 GMT Impeachment in the United States In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with

3360-627: The dispute over sovereignty of the Oregon Country. On August 13, 1848, the United States Congress created the Oregon Territory out of the land between California and the 49th parallel (this served as the border with Britain's North American colonies) and west of the Rocky Mountains . A new bicameral territorial legislature was created with an upper chamber Council and lower chamber House. These bodies met for

3430-609: The first time on July 16, 1849, with some members of the provisional legislature continuing into the new government, including David Hill, Asa Lovejoy, Samuel Parker, and Absalom J. Hembree. Upon statehood in 1859, the territorial legislature would be transformed into the Oregon Legislative Assembly . Organic Laws of Oregon Too Many Requests If you report this error to the Wikimedia System Administrators, please include

3500-634: The government's activities. Other business included a ban on hard liquor, the incorporation of Oregon City, approval for the Barlow Road around Mount Hood , incorporation of the Multnomah Circulating Library , and incorporation of the Oregon Institute . At the meetings John E. Long served as the recorder, Frederick Prigg as the clerk, a Mr. Shaw as the sergeant at arms , and two people as chaplains. Members of

3570-496: The home of Henry Montgomery Knighton in Oregon City from December 1 through 19, with Asa Lovejoy serving as the speaker and leader. Noah Huber served as a clerk and Knighton as sergeant at arms. Members of the legislature and the districts they represented: In 1847 the legislature met from December 7 to 28 at the Methodist Church in Oregon City. On the second day of this meeting at Main and Seventh streets, news of

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3640-613: The home of Theophilus R. Magruder , with Morton M. McCarver serving as the speaker of the group. After this, the Organic Laws were replaced with the Organic Act of 1845, which altered the legislature in several ways. First the number of representatives was increased to include a minimum of 13 and a maximum of 61. Second, the name was changed to the House of Representatives. All members of the body were to be elected by popular vote with vacancies filled using special elections. The body also received new powers to impeach any civil official by

3710-467: The law after removal from office. Also because the conviction is not a punishment, the president of the United States is constitutionally precluded from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial. Article I, Section 2, Clause 5 of the United States Constitution provides: The House of Representatives shall choose their Speaker and other Officers; and shall have

3780-469: The laws remained in effect, except for the one that authorized the minting of coins. Territorial Governor Joseph Lane nullified that law, because it was in conflict with Article I, Section 8 of the United States Constitution , giving Congress the sole right to coin money, thus ending production of the Beaver Coins . On May 2, 1843, by a vote of 52 to 50, the European American settlers of

3850-614: The legislature and the districts they represented: After hearing the news that the United States had informed Britain it would be ending its obligations under the Treaty of 1818 and looking for a division of the Oregon Country , the legislature scaled back its agenda. One piece of legislation passed was a pilotage law that set standards and licensed boat pilots at the mouth of the Columbia River. The 1846 legislature met in

3920-535: The legislature and the districts they represented: The Provisional Legislature met for two sessions in late 1848 and early 1849. The first session, from December 5 to December 13, never formally organized as so many of the representatives had traveled south for the California Gold Rush . Beginning on February 5, a session was organized that conducted the final business of the Provisional Government. The session lasted until February 16. During this session

3990-460: The lower chamber of their legislatures hold a vote to "impeach", thereby triggering an impeachment trial held in the upper chamber of their legislatures. However, several states do differ from the convention of holding the impeachment trial in the state legislature's upper chamber. In a reverse, in Alaska it is the upper chamber of the legislature that votes to impeach while the lower chamber acts as

4060-419: The notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House. Senate rules call for an impeachment trial to begin at 1 pm on the day after articles of impeachment are delivered to

4130-399: The officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and the Senate has been willing to try the official after resignation. In 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not

4200-412: The position that disqualification votes only require a simple majority rather than a two-thirds supermajority. The Senate has used disqualification sparingly, as only three individuals ( West Hughes Humphreys , Robert W. Archbald , and Thomas Porteous ) have been disqualified from holding future office. Conviction does not extend to further punishment, for example, loss of pension. After conviction by

4270-574: The post until the conclusion of the session on December 19. Polk District was created during the session, with the bill passed on December 19. John E. Long served as the recorder and Theophilus R. Magruder as the sergeant at arms for the group. The same people who served in the summer session also served in the December session. These sessions of the legislature designated Oregon City as the official capital and introduced income and property taxes that replaced an 1843 subscription program used to finance

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4340-400: The president), the duties would fall to the president pro tempore of the Senate . To convict an accused, "the concurrence of two thirds of the [senators] present" for at least one article is required. If there is no single charge commanding a "guilty" vote from two-thirds of the senators present, the defendant is acquitted and no punishment is imposed. On April 17, 2024, the Senate trial for

4410-477: The public trust did not "allege conduct that rises to the level of a high crime or misdemeanor". Conviction immediately removes the defendant from office. Following the vote on conviction, the Senate may by a separate vote also bar the individual from holding future federal office, elected or appointed. As the threshold for disqualification is not explicitly mentioned in the Constitution, the Senate has taken

4480-399: The recorder and Moore as the chairman for both sets of meetings. The laws drafted became the Organic Laws of Oregon and were ratified on July 5. Committees on land claims, appropriations, military, the judiciary, and districting were also formed at that meeting. The organic laws were based on the laws of Iowa Territory . The document outlined the legislative branch and its powers, vested in

4550-429: The resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as " House managers ", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically

4620-667: The sole Power of Impeachment. Article I, Section 3, Clauses 6 and 7 provide: 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

4690-456: Was held from December 16 to 21 at the residence of John E. Long , also in Oregon City. At the December meeting, Executive Committee members Peter G. Stewart and Osborne Russell presented a message to the group regarding the opposing claims of the United States and Great Britain . Among the laws passed during the 1844 session was the "Lash Law", which banned Blacks from living in the territory with violators subject to 20–39 lashes across

4760-416: Was presided over by President pro tempore Patrick Leahy . The Constitution is silent about who would preside in the case of the impeachment of a vice president. It is doubtful the vice president would be permitted to preside over their own trial. As president of the Senate, the vice president would preside over other impeachments. If the vice president did not preside over an impeachment (of anyone besides

4830-442: Was president. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional. The Constitution does not limit the number of times an individual may be impeached. As of 2022, Donald Trump is the only federal officer to have been impeached more than once . At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry , though this

4900-541: Was removed through impeachment as the mayor of Louisville, Kentucky by the Louisville Board of Aldermen (city council) in 1865. There are other organizations in the United States that have impeachment procedures, including students' union ("student government"/"student council") organizations. Several of the Thirteen Colonies belonging to England that later formed the original states of

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