the senate has the power to convict or acquit in impeachment.
the senate has the power to convict or acquit in impeachment.
what power does the senate have in impeachment?
to convict or acquit
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 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 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.
impeachment in the united states
article v of the tennessee constitution states that only the house of representative has the power to impeach (section 1). impeachment is when an office holder's actions are called into question, so therefore they face the chances of being removed from office. the process of impeachment it is tried in the senate and all senator must be sworn under oath. the chief justice of the supreme court, unless he is on trial, then the senior associate judge will rule over the court. the office holder cannot be convicted without a two-thirds or majority rule from the senate (section 2). the house of representatives must choose three members to prosecute impeachments. impeachments cannot be tried until the legislature has adjourned "sine die," then the senate can try the impeachment (section 3). the governor, supreme court judges, inferior court judges, chancellors, attorneys of the state, treasurer, comptroller, and secretary of state are all liable to impeachment if the house of representative believe they have committed a crime that calls for disqualification or removal from office, but judgement can only be removal of office and disqualification to hold any office after impeachment. the party must be prosecuted to the full extent of the law and the legislature has the power remove penalties imposed, anyone disqualified from fulling office by impeachment (section 4). justices of the peace, and other civil officers are also liable for indictments in such courts as the legislature may direct, and if convicted of impeachment they must be removed from office by said court, and will be subject to other punishment as asserted by law (section 5).
constitution of tennessee