Misplaced Pages

#951048

130-608: In an impeachment trial of an incumbent president of the United States , the chief justice of the United States serves as the presiding officer. This is per the Constitution, Article I, section 3, clause 6. This provision prevents the vice president of the United States , who is the president of the Senate and generally holds the authority to preside over Senate business, from overseeing an impeachment trial that would elevate him or her to

260-460: A memorandum laying out an argument that the Senate has the right to reach a judgment in this manner. This precedent was cited in the Senate's decision to commence with the second impeachment trial of Donald Trump after he had already left office. In 2021, University of Alabama School of Law professor Ronald Krotoszynski wrote an article in Politico opining that it is possible for the Senate to end

390-707: A perpetual union between the states in November 1777 and sent it to the states for ratification . Under the Articles, which took effect on March 1, 1781, the Congress of the Confederation was a central political authority without any legislative power. It could make its own resolutions, determinations, and regulations, but not any laws, and could not impose any taxes or enforce local commercial regulations upon its citizens. This institutional design reflected how Americans believed

520-1021: A president of the United States in Congress Assembled to preside over its deliberation as a neutral discussion moderator . Unrelated to and quite dissimilar from the later office of president of the United States, it was a largely ceremonial position without much influence. In 1783, the Treaty of Paris secured independence for each of the former colonies. With peace at hand, the states each turned toward their own internal affairs. By 1786, Americans found their continental borders besieged and weak and their respective economies in crises as neighboring states agitated trade rivalries with one another. They witnessed their hard currency pouring into foreign markets to pay for imports, their Mediterranean commerce preyed upon by North African pirates , and their foreign-financed Revolutionary War debts unpaid and accruing interest. Civil and political unrest loomed. Events such as

650-467: A simple resolution in 2009 to end the proceedings against Judge Samuel B. Kent . The House is not required to immediately transfer the articles of impeachment to the Senate after passage, and can deliberately postpone their transfer if the House desires to, thus delaying the initiation of a trial. Additional rules are agreed to before an impeachment trial. This includes rules governing significant details of

780-501: A "disruptive" erosion of his ability to govern. Ford failed to win election to a full term and his successor, Jimmy Carter , failed to win re-election. Ronald Reagan , who had been an actor before beginning his political career, used his talent as a communicator to help reshape the American agenda away from New Deal policies toward more conservative ideology. With the Cold War ending and

910-575: A Congress counts against that total. A longer term for the task force would cause the Judiciary Committee to exceed this limit. Chairman: Adam Schiff (D-CA) Ranking member: Bob Goodlatte (R-VA) Established in September 2008, the Judicial Task force on Judicial Impeachment was to look into charges against District Judge Thomas Porteous . The investigation was not completed by the end of

1040-446: A belief that the senators collectively take on a role that is perhaps more akin to a judge than to a jury. Under Senate rules for impeachment trials, senators are able to call and subpoena witnesses for a trial. Senators are also able to submit written questions to witnesses as well as the prosecution and the defense. If they desire, any senator may be excused from serving their role in an impeachment trial. A Rule XI trial committee

1170-830: A bid for another office. Collins was succeeded as ranking member by Jordan, who represents Ohio's 4th congressional district , but who has never taken a bar examination or practiced law. Resolutions electing members: H.Res. 14 (Chair), H.Res. 15 (Ranking Member), H.Res. 70 (R), H.Res. 71 (D), H.Res. 502 (D), H.Res. 908 (R), H.Res. 1431 (García), H.Res. 1585 (Carter) Sources: H.Res. 24 (Chair), H.Res. 25 (Ranking Member), H.Res. 46 (D), H.Res. 68 (R), H.Res. 903 (R), H.Res. 1037 (R) Sources: H.Res. 6 (Chair), H.Res. 45 (D), H.Res. 51 (R) and H.Res. 95 (D) Sources: Sources: Chairman: Jim Sensenbrenner (R-WI); Ranking member: John Conyers (D-MI) The Antitrust Task Force during

1300-582: A committee of members of the House who, together, act as the prosecutors in the impeachment trial. While they are always approved by House vote, how the initial decision of who serves as a manager is arrived at has differed between impeachments. In some impeachments, the House managers have been chosen upon the recommendation of the Chairman of the House Committee on the Judiciary . Another way that has been used

1430-559: A delegate for Virginia. When the Constitutional Convention convened in May 1787, the 12 state delegations in attendance ( Rhode Island did not send delegates) brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective state governments. Most states maintained a weak executive without veto or appointment powers, elected annually by

SECTION 10

#1733085209952

1560-463: A dominant figure in American politics. Historians believe Roosevelt permanently changed the political system by strengthening the presidency, with some key accomplishments including breaking up trusts, conservationism, labor reforms, making personal character as important as the issues, and hand-picking his successor, William Howard Taft . The following decade, Woodrow Wilson led the nation to victory during World War I , although Wilson's proposal for

1690-479: A good deal of foreign and domestic policy without aid, interference or consent from Congress". Bill Wilson , board member of Americans for Limited Government , opined that the expanded presidency was "the greatest threat ever to individual freedom and democratic rule". Article I, Section   1 of the Constitution vests all lawmaking power in Congress's hands, and Article 1, Section 6, Clause   2 prevents

1820-466: A month after taking office. Presidents often grant pardons shortly before leaving office, like when Bill Clinton pardoned Patty Hearst on his last day in office; this is often controversial . Two doctrines concerning executive power have developed that enable the president to exercise executive power with a degree of autonomy. The first is executive privilege , which allows the president to withhold from disclosure any communications made directly to

1950-431: A presidential veto, it requires a two-thirds vote of both houses, which is usually very difficult to achieve except for widely supported bipartisan legislation. The framers of the Constitution feared that Congress would seek to increase its power and enable a "tyranny of the majority", so giving the indirectly elected president a veto was viewed as an important check on the legislative power. While George Washington believed

2080-438: A sexual harassment suit could proceed without delay, even against a sitting president. The 2019 Mueller report on Russian interference in the 2016 presidential election detailed evidence of possible obstruction of justice , but investigators declined to refer Donald Trump for prosecution based on a United States Department of Justice policy against indicting an incumbent president. The report noted that impeachment by Congress

2210-402: A simple majority. A vote to ban, however, cannot be held unless a conviction has first passed the two-thirds majority threshold. The Senate does not always vote on each article of impeachment. For example: in the 1868 impeachment trial of Andrew Johnson, the Senate voted on only three of the eleven articles of impeachment before adjourning sine die . A trial ends with procedural motions. After

2340-486: A single rule change was made. In the 1970s, the Senate Committee on Rules and Administration explored the possibly of altering the rules in advance of an anticipated impeachment trial that might have resulted from the impeachment process against Richard Nixon , but after to Nixon resigned without being impeached and convicted, this was momentarily abandoned. The rule changes explored in the 1970s were not adopted until

2470-601: A sitting American president led troops in the field", though James Madison briefly took control of artillery units in defense of Washington, D.C. , during the War of 1812 . Abraham Lincoln was deeply involved in overall strategy and in day-to-day operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . The present-day operational command of

2600-536: A state visit by a foreign head of state, the president typically hosts a State Arrival Ceremony held on the South Lawn , a custom begun by John F. Kennedy in 1961. This is followed by a state dinner given by the president which is held in the State Dining Room later in the evening. As a national leader, the president also fulfills many less formal ceremonial duties. For example, William Howard Taft started

2730-420: A temporary subcommittee to examine the pending merger between XM Radio and Sirius Satellite Radio . The task force operated like any other subcommittee, except that it only has a six-month term. House Rules limit each full committee to just five subcommittees, and any task force, special subcommittee, or other subunit of a standing committee that is established for a cumulative period longer than six months in

SECTION 20

#1733085209952

2860-424: A third. In addition, nine vice presidents have become president by virtue of a president's intra-term death or resignation . In all, 45 individuals have served 46 presidencies spanning 58 four-year terms. Joe Biden is the 46th and current president, having assumed office on January 20, 2021. President-elect Donald Trump is scheduled to be inaugurated as the 47th president on January 20, 2025. During

2990-407: Is a committee of senators that the Senate may appoint to receive evidence and hear testimony by witnesses on behalf of the Senate, reporting back to the full Senate and providing the full senate with a certified transcript of the proceedings that they witnessed. The use of such a committee allows for the majority of Senators to be absent during the presentation of evidence and witness testimony heard by

3120-830: Is by having the whole house decide by balloting who should serve. In some other impeachment, the speaker of the House has chosen the slate of impeachment managers that were thereafter approved by House vote. Outside legal counsel can also be hired to provide advice to the impeachment managers. This was the case, for instance, in both the first and second impeachment trials of Donald Trump . An impeached officeholder may appear at their impeachment trial. They may also opt not to appear in-person and instead be represented entirely through counsel. In impeachment trials, an impeached officeholder can be represented by private counsel . In Donald Trump's first impeachment trial, in addition to private counsel, he had several House members belonging to his political party work on his defense. The Senate

3250-406: Is charged with overseeing the administration of justice within the federal courts , federal administrative agencies, and federal law enforcement entities. The Judiciary Committee is often involved in the impeachment process against federal officials. Because of the legal nature of its oversight, committee members usually have a legal background, but this is not required. In the 118th Congress ,

3380-414: Is delivered in open session. It is possible that, before the Senate would proceed to vote on whether to convict, a senator might motion to introduce a resolution to censure the official. The reason for presenting such a resolution would be to provide an alternative means for the Senate to express dismay about wrongdoings without convicting and removing an official from office. When the Senate then votes on

3510-514: Is granted the sole authority to try impeached individuals. Impeachment and impeachment trials are provided for by section four of Article Two of the United States Constitution . Impeachment trials are further outlined in section three, clause six of Article One of the United States Constitution . The Constitution requires that a two-thirds majority vote "guilty" in order for an individual to be convicted and removed from office. There

3640-414: Is no process provided to appeal an impeachment verdict. The Constitution also specifies that, after a conviction, the Senate may vote to additionally bar an individual from again holding federal office. The majority needed for this second matter is not specified by the Constitution, and the Senate has, in practice, used a simple majority vote for this. The Constitution does not elaborate on specifications on

3770-414: Is provided by the Constitution as to events in trials and their order other than the stipulation for an oath to be taken by senators and the stipulation that a vote on whether to disqualify an official from holding federal office again may only be held after a successful vote to convict. Nevertheless, impeachment trials have taken a standard form with several stages. Some of this structure arises directly from

3900-556: Is to be commander-in-chief of the army and navy of the United States.   ... It would amount to nothing more than the supreme command and direction of the military and naval forces   ... while that [the power] of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which   ... would appertain to the legislature. [Emphasis in

4030-496: Is usually the president of the Senate, meaning either the vice president of the United States or, in his or her absence, the president pro tempore of the United States Senate . In trials of officials who are not an incumbent president, the presiding officer, if not the vice president or president pro tempore, in practice is selected by a vote of the Senate. The presiding officer can rule on questions, such as those related to

Federal impeachment trial in the United States - Misplaced Pages Continue

4160-401: The 115th Congress , the chairman of the committee was Republican Bob Goodlatte of Virginia , and the ranking minority member was initially Democrat John Conyers of Michigan . On November 26, 2017, Conyers stepped down from his position as ranking member, while he faced an ethics investigation. On November 28, 2017, Jerrold Nadler of New York was named as acting ranking member. In

4290-473: The 116th Congress , the House flipped from Republican to Democratic control. Doug Collins , a Republican from Georgia's 9th congressional district , became ranking member and served from 2019 to 2020. In early 2020, Collins stepped down from his leadership position when he became a candidate in the 2020 special election held to replace retiring U.S. Senator Johnny Isakson . Under House Republican rules, members must relinquish leadership positions if they launch

4420-799: The American Revolutionary War , the Thirteen Colonies , represented by the Second Continental Congress in Philadelphia , declared themselves to be independent sovereign states and no longer under British rule. The affirmation was made in the Declaration of Independence , which was written predominantly by Thomas Jefferson and adopted unanimously on July 4, 1776, by the Second Continental Congress. Recognizing

4550-502: The Boy Scouts of America . Other presidential traditions are associated with American holidays. Rutherford B. Hayes began in 1878 the first White House egg rolling for local children. Beginning in 1947, during the Harry S. Truman administration, every Thanksgiving the president is presented with a live domestic turkey during the annual National Thanksgiving Turkey Presentation held at

4680-483: The Cold War , the U.S. president was often called "the leader of the free world". Article II of the Constitution establishes the executive branch of the federal government and vests executive power in the president. The power includes the execution and enforcement of federal law and the responsibility to appoint federal executive, diplomatic, regulatory, and judicial officers. Based on constitutional provisions empowering

4810-693: The League of Nations was rejected by the Senate. Warren Harding , while popular in office, would see his legacy tarnished by scandals, especially Teapot Dome , and Herbert Hoover quickly became very unpopular after failing to alleviate the Great Depression . The ascendancy of Franklin D. Roosevelt in 1933 led further toward what historians now describe as the Imperial presidency . Backed by enormous Democratic majorities in Congress and public support for major change, Roosevelt's New Deal dramatically increased

4940-636: The Newburgh Conspiracy and Shays' Rebellion demonstrated that the Articles of Confederation were not working. Following the successful resolution of commercial and fishing disputes between Virginia and Maryland at the Mount Vernon Conference in 1785, Virginia called for a trade conference between all the states, set for September 1786 in Annapolis, Maryland , with an aim toward resolving further-reaching interstate commercial antagonisms. When

5070-552: The Supreme Court of the United States . However, these nominations require Senate confirmation before they may take office. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance. When nominating judges to U.S. district courts , presidents often respect the long-standing tradition of senatorial courtesy . Presidents may also grant pardons and reprieves . Gerald Ford pardoned Richard Nixon

5200-578: The U.S. Constitution emerged. As the nation's first president, George Washington established many norms that would come to define the office. His decision to retire after two terms helped address fears that the nation would devolve into monarchy, and established a precedent that would not be broken until 1940 and would eventually be made permanent by the Twenty-Second Amendment . By the end of his presidency, political parties had developed, with John Adams defeating Thomas Jefferson in 1796,

5330-477: The United States Armed Forces . The power of the presidency has grown substantially since the first president, George Washington , took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly significant role in American political life since the beginning of the 20th century, carrying over into the 21st century with notable expansions during

Federal impeachment trial in the United States - Misplaced Pages Continue

5460-587: The Watergate scandal , Congress enacted a series of reforms intended to reassert itself. These included the War Powers Resolution , enacted over Nixon's veto in 1973, and the Congressional Budget and Impoundment Control Act of 1974 that sought to strengthen congressional fiscal powers. By 1976, Gerald Ford conceded that "the historic pendulum" had swung toward Congress, raising the possibility of

5590-612: The Watergate scandal , the Supreme Court ruled in United States v. Nixon , 418 U.S. 683 (1974), that executive privilege did not apply in cases where a president was attempting to avoid criminal prosecution. When Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal , the Supreme Court ruled in Clinton v. Jones , 520 U.S. 681 (1997), that

5720-405: The articles of impeachment which the official will be tried on by reading them. After this, the presiding officer takes their oath for the trial, and then proceeds to provide the juror's oath to the senators. The Senate will issue a writ of summons to the impeached official. They will also request that a written answer be filed. After the oaths are sworn and summons are issued, details for

5850-485: The convention failed for lack of attendance due to suspicions among most of the other states, Alexander Hamilton of New York led the Annapolis delegates in a call for a convention to offer revisions to the Articles, to be held the next spring in Philadelphia . Prospects for the next convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washington 's attendance to Philadelphia as

5980-525: The 108th Congress existed from March 26, 2003, to September 26, 2003. All Judiciary Committee Members also served as members of the Task Force, and conducted hearings and investigations into consolidation of the Bell Telephone Companies. Chairman: John Conyers (D-MI); Ranking member: Steve Chabot (R-OH) The Antitrust Task Force during the 110th Congress was established February 28, 2007, as

6110-580: The 1830s and 1840s until debates over slavery began pulling the nation apart in the 1850s. Abraham Lincoln 's leadership during the Civil War has led historians to regard him as one of the nation's greatest presidents. The circumstances of the war and Republican domination of Congress made the office very powerful, and Lincoln's re-election in 1864 was the first time a president had been re-elected since Jackson in 1832. After Lincoln's assassination, his successor Andrew Johnson lost all political support and

6240-469: The 1993 Nixon v. United States case, arising from the 1989 impeachment trial of Walter Nixon, in which the Supreme Court upheld the United States Senate's authority to determine its own procedures, which includes its decision to opt for use of Rule XI trial committees. There are no standard rules of evidence adopted by the Senate to be used for impeachment trials. Therefore, the presiding officer has authority to rule on evidentiary question. Alternatively,

6370-695: The Armed Forces is delegated to the Department of Defense and is normally exercised through the secretary of defense . The chairman of the Joint Chiefs of Staff and the Combatant Commands assist with the operation as outlined in the presidentially approved Unified Command Plan (UCP). The president has the power to nominate federal judges , including members of the United States courts of appeals and

6500-470: The Constitution grants to the president as commander-in-chief has been the subject of much debate throughout history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. The framers of the Constitution took care to limit the president's powers regarding the military; Alexander Hamilton explained this in Federalist No. 69 : The President

6630-447: The Constitution stipulated that impeachments trials for incumbent presidents are to be presided over by the chief justice of the United States. Because of this, a select committee of senators was tasked with developing rules to be used in the impeachment trial of Johnson. The select committee decided that they would create permanent rules that would be used for any future impeachments, declaring it to be, "proper to report general rules for

SECTION 50

#1733085209952

6760-652: The Electoral College and the popular vote. The nation's Founding Fathers expected the Congress , which was the first branch of government described in the Constitution , to be the dominant branch of government; however, they did not expect a strong executive department. However, presidential power has shifted over time, which has resulted in claims that the modern presidency has become too powerful, unchecked, unbalanced, and "monarchist" in nature. In 2008 professor Dana D. Nelson expressed belief that presidents over

6890-401: The House that it is prepared to receive the impeachment managers. Next, the impeachment managers appear before the bar of the Senate and exhibit the articles of impeachment, transferring the articles to the Senate. After this, the managers return to the House and make a verbal report there. A federal impeachment trial ceremonial starts with the House impeachment managers presenting to the Senate

7020-450: The House. A trial can also be dismissed without completion. This has been done before in instances when officeholders resigned partway into an impeachment trial against them. The House and the Senate have both each once moved to dismiss impeachment proceedings against officials that resigned partway in to impeachment trials. The Senate did this in 1926 by dismissing the proceedings against Judge George W. English . The House did this by passing

7150-462: The Senate acted upon a further recommendation to adopt them in 1986. No further changes have been made since to the rules outlined for the Johnson trial. Among other things, the rules specify what oaths must be said and the order certain events are to occur in. However, many important matters are left unspecified by these rules. The Senate rules states that, as soon as impeachment managers are appointed,

7280-500: The Senate and the House have, in the past, judged themselves to be able to utilize their impeachment authorities on former officeholders. The principal precedent for both impeaching a former officeholder and for holding an impeachment trial of a former officeholder is the impeachment and impeachment trial of William W. Belknap , who had resigned as Secretary of War hours before he was impeached in 1876. Many scholars have argued that if impeachment could not apply to former officeholders, then

7410-492: The Senate does not need to hold an impeachment trial after a House impeachment, it can also choose not to hold trials in instances where individuals resigned following impeachment. Of the twenty-one individuals to be impeached by the United States House of Representatives, only Mark W. Delahay did not face a trial, as the Senate decided not to hold a trial into him after he resigned his office following his impeachment by

7540-414: The Senate must "immediately" receive them. The impeached official may appear in person at their trial. They may, alternatively, opt not to appear in person at their trial, instead being represented solely through counsel. Rule XI, allowing for the appointment of "Rule XI committees" was adopted by the Senate in 1934 as a simple resolution offered by Senator Henry F. Ashurst . Rule XI states, That in

7670-442: The Senate's power to disqualify individuals from holding future federal office through an impeachment process would be greatly weakened, as there would be a loophole of resigning before this sentence is imposed by the Senate. Since the Constitution only gives the Senate the power to try an impeached individual, and does not require them to do so, it is possible for the Senate to forgo holding a trial of an impeached individual. Since

7800-469: The Supreme Court dismissed a case brought by a former Union spy. However, the privilege was not formally recognized by the U.S. Supreme Court until United States v. Reynolds 345 U.S. 1 (1953), where it was held to be a common law evidentiary privilege. Before the September 11 attacks , use of the privilege had been rare, but increasing in frequency. Since 2001, the government has asserted

7930-483: The United States and other countries. Such agreements, upon receiving the advice and consent of the U.S. Senate (by a two-thirds majority vote), become binding with the force of federal law. While foreign affairs has always been a significant element of presidential responsibilities, advances in technology since the Constitution's adoption have increased presidential power. Where formerly ambassadors were vested with significant power to independently negotiate on behalf of

SECTION 60

#1733085209952

8060-578: The United States becoming the world's undisputed leading power, Bill Clinton , George W. Bush , and Barack Obama each served two terms as president. Meanwhile, Congress and the nation gradually became more politically polarized, especially following the 1994 mid-term elections that saw Republicans control the House for the first time in 40 years, and the rise of routine filibusters in the Senate in recent decades. Recent presidents have thus increasingly focused on executive orders , agency regulations, and judicial appointments to implement major policies, at

8190-423: The United States, presidents now routinely meet directly with leaders of foreign countries. One of the most important of executive powers is the president's role as commander-in-chief of the United States Armed Forces . The power to declare war is constitutionally vested in Congress, but the president has ultimate responsibility for the direction and disposition of the military. The exact degree of authority that

8320-522: The White House". Presidents have been criticized for making signing statements when signing congressional legislation about how they understand a bill or plan to execute it. This practice has been criticized by the American Bar Association as unconstitutional. Conservative commentator George Will wrote of an "increasingly swollen executive branch" and "the eclipse of Congress". To allow

8450-598: The White House. Since 1989, when the custom of "pardoning" the turkey was formalized by George H. W. Bush , the turkey has been taken to a farm where it will live out the rest of its natural life. House Committee on the Judiciary The U.S. House Committee on the Judiciary , also called the House Judiciary Committee , is a standing committee of the United States House of Representatives . It

8580-425: The admission of evidence. Their rulings stand as the Senate's judgment on those particular questions unless the Senate votes to overrule them. Alternatively, the presiding officer can forgo ruling on a question and directly submit it to a Senate vote. Senators who act as the presiding officer of an impeachment hearing are still permitted to vote in the trial. In the 1999 impeachment trial of President Bill Clinton ,

8710-434: The argument phase of an impeachment trial early and move instead to closing arguments if it took a majority vote in favor of a motion to do so. He likened it to a motion for summary judgement in a civil court. The Senate has, by majority votes, multiple times judged that an individual impeached while in office can still be subjected to a trial, conviction, and the penalty of disqualification even after they leave office. Both

8840-457: The articles brought against them. The impeached official may answer the articles brought against them. The House impeachment managers are also permitted to provide a response to such an answer. After the pleading stage, a date will be set for the formal trial to begin. The formal trial begins with an argument stage. Senators are prohibited from speaking during the argument stage. To start the argument stage, opening statements are presented by both

8970-470: The articles of impeachment. There is an argument that the Senate could hold a " summary trial", reaching their judgment without holding a full trial or hearing evidence. In 1986, the impeachment managers for the trial of Judge Harry E. Claiborne argued that this would be permissible. However, the impeachment managers for the 1999 impeachment trial of Bill Clinton argued that it would not be allowed. In 1999, Senator (and future president) Joe Biden published

9100-512: The chairman of the committee is Republican Jim Jordan of Ohio , and the ranking minority member is Democrat Jerry Nadler of New York . The committee was created on June 3, 1813, for the purpose of considering legislation related to the judicial system . This committee approved impeachment resolutions/ articles of impeachment against presidents in four instances: against Andrew Johnson ( in 1867 ), Richard Nixon ( in 1974 ), Bill Clinton ( in 1998 ), and Donald Trump ( in 2019 ). In

9230-399: The close of the trial, senators are given an opportunity to deliver speeches. President of the United States [REDACTED] [REDACTED] The president of the United States ( POTUS ) is the head of state and head of government of the United States of America . The president directs the executive branch of the federal government and is the commander-in-chief of

9360-472: The committee. Without use of such a committee, all senators would have to be present at the presentation of all evidence and witness testimony. Rule XI committees have been utilized in for four impeachment trials: the 1986 impeachment trial of Judge Harry E. Claiborne , the 1989 impeachment trials of Judges Walter Nixon and Alcee Hastings , and the 2010 trial of Judge Thomas Porteous . The United States House of Representatives appoints impeachment managers,

9490-411: The date specified by the Senate in the writ of summons, the impeached official is to appear either in person to plead or be represented by counsel that will provide a plea on their behalf. The impeached official and their counsel may also demur, arguing that the impeached official is not a civil official that can be subject to an impeachment, or argue that there are not sufficient grounds for impeachment in

9620-544: The death of William Henry Harrison and subsequent poor relations between John Tyler and Congress led to further weakening of the office. Including Van Buren, in the 24 years between 1837 and 1861, six presidential terms would be filled by eight different men, with none serving two terms. The Senate played an important role during this period, with the Great Triumvirate of Henry Clay , Daniel Webster , and John C. Calhoun playing key roles in shaping national policy in

9750-457: The deposed British system of Crown and Parliament ought to have functioned with respect to the royal dominion : a superintending body for matters that concerned the entire empire. The states were out from under any monarchy and assigned some formerly royal prerogatives (e.g., making war, receiving ambassadors, etc.) to Congress; the remaining prerogatives were lodged within their own respective state governments. The members of Congress elected

9880-461: The executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. Additionally, the president may attempt to have Congress alter proposed legislation by threatening to veto that legislation unless requested changes are made. Many laws enacted by Congress do not address every possible detail, and either explicitly or implicitly delegate powers of implementation to an appropriate federal agency. As

10010-432: The expense of legislation and congressional power. Presidential elections in the 21st century have reflected this continuing polarization, with no candidate except Obama in 2008 winning by more than five percent of the popular vote and two, George W. Bush ( 2000 ) and Donald Trump ( 2016 ), winning in the Electoral College while losing the popular vote. Bush ( 2004 ) and Trump ( 2024 ) were later re-elected, winning both in

10140-476: The federal government and is constitutionally obligated to "take care that the laws be faithfully executed". The executive branch has over four million employees, including the military. Presidents make political appointments . An incoming president may make up to 4,000 upon taking office, 1200 of which must be confirmed by the U.S. Senate . Ambassadors , members of the Cabinet , and various officers , are among

10270-504: The federal government by issuing various types of directives , such as presidential proclamation and executive orders . When the president is lawfully exercising one of the constitutionally conferred presidential responsibilities, the scope of this power is broad. Even so, these directives are subject to judicial review by U.S. federal courts, which can find them to be unconstitutional. Congress can overturn an executive order through legislation. Article II, Section 3, Clause 4 requires

10400-522: The first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militia to quell the Whiskey Rebellion , a conflict in Western Pennsylvania involving armed farmers and distillers who refused to pay an excise tax on spirits. According to historian Joseph Ellis , this was the "first and only time

10530-522: The first truly contested presidential election. After Jefferson defeated Adams in 1800, he and his fellow Virginians James Madison and James Monroe would each serve two terms, eventually dominating the nation's politics during the Era of Good Feelings until Adams' son John Quincy Adams won election in 1824 after the Democratic-Republican Party split. The election of Andrew Jackson in 1828

10660-417: The government to act quickly in case of a major domestic or international crisis arising when Congress is not in session, the president is empowered by Article II, Section   3 of the Constitution to call a special session of one or both houses of Congress. Since John Adams first did so in 1797, the president has called the full Congress to convene for a special session on 27 occasions. Harry S. Truman

10790-632: The growing federal bureaucracy, presidents have gradually surrounded themselves with many layers of staff, who were eventually organized into the Executive Office of the President of the United States . Within the Executive Office, the president's innermost layer of aides, and their assistants, are located in the White House Office . The president also possesses the power to manage operations of

10920-474: The head of the executive branch, presidents control a vast array of agencies that can issue regulations with little oversight from Congress. In the 20th century, critics charged that too many legislative and budgetary powers that should have belonged to Congress had slid into the hands of presidents. One critic charged that presidents could appoint a "virtual army of 'czars'—each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for

11050-422: The legislature to a single term only, sharing power with an executive council, and countered by a strong legislature. New York offered the greatest exception, having a strong, unitary governor with veto and appointment power elected to a three-year term, and eligible for reelection to an indefinite number of terms thereafter. It was through the closed-door negotiations at Philadelphia that the presidency framed in

11180-525: The necessity of closely coordinating their efforts against the British , the Continental Congress simultaneously began the process of drafting a constitution that would bind the states together. There were long debates on a number of issues, including representation and voting, and the exact powers to be given the central government. Congress finished work on the Articles of Confederation to establish

11310-506: The office as a position of global leadership. His successors, Harry Truman and Dwight D. Eisenhower , each served two terms as the Cold War led the presidency to be viewed as the " leader of the free world ", while John F. Kennedy was a youthful and popular leader who benefited from the rise of television in the 1960s. After Lyndon B. Johnson lost popular support due to the Vietnam War and Richard Nixon 's presidency collapsed in

11440-423: The original.] In the modern era, pursuant to the War Powers Resolution , Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides a check to presidential military power through its control over military spending and regulation. Presidents have historically initiated

11570-432: The positions filled by presidential appointment with Senate confirmation. The power of a president to fire executive officials has long been a contentious political issue. Generally, a president may remove executive officials at will. However, Congress can curtail and constrain a president's authority to fire commissioners of independent regulatory agencies and certain inferior executive officers by statute . To manage

11700-422: The presidencies of Franklin D. Roosevelt and George W. Bush . In modern times, the president is one of the world's most powerful political figures and the leader of the world's only remaining superpower . As the leader of the nation with the largest economy by nominal GDP , the president possesses significant domestic and international hard and soft power . For much of the 20th century, especially during

11830-573: The presidency if the president were removed. This was particularly important at the time of the Constitution's writing, as, before the reforms of the Twelfth Amendment to the United States Constitution , presidents and vice presidents were not elected together on tickets and could potentially be of rival political factions. The Constitution does not specify who should serve as the presiding officer of impeachment trials of persons other than incumbent presidents. The presiding officer in such impeachments

11960-516: The president (and all other executive branch officers) from simultaneously being a member of Congress. Nevertheless, the modern presidency exerts significant power over legislation, both due to constitutional provisions and historical developments over time. The president's most significant legislative power derives from the Presentment Clause , which gives the president the power to veto any bill passed by Congress . While Congress can override

12090-406: The president believes are needed. Additionally, the president can attempt to shape legislation during the legislative process by exerting influence on individual members of Congress. Presidents possess this power because the Constitution is silent about who can write legislation, but the power is limited because only members of Congress can introduce legislation. The president or other officials of

12220-461: The president in the performance of executive duties. George Washington first claimed the privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain . While not enshrined in the Constitution or any other law, Washington's action created the precedent for the privilege. When Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during

12350-419: The president is authorized to adjourn Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this power. Suffice it to say that the President is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as the duties imposed upon him are awesome indeed. The president is head of the executive branch of

12480-422: The president personally has absolute immunity from court cases is contested and has been the subject of several Supreme Court decisions. Nixon v. Fitzgerald (1982) dismissed a civil lawsuit against by-then former president Richard Nixon based on his official actions. Clinton v. Jones (1997) decided that a president has no immunity against civil suits for actions taken before becoming president and ruled that

12610-497: The president to "receive Ambassadors." This clause, known as the Reception Clause, has been interpreted to imply that the president possesses broad power over matters of foreign policy, and to provide support for the president's exclusive authority to grant recognition to a foreign government. The Constitution also empowers the president to appoint United States ambassadors, and to propose and chiefly negotiate agreements between

12740-457: The president to appoint and receive ambassadors and conclude treaties with foreign powers, and on subsequent laws enacted by Congress, the modern presidency has primary responsibility for conducting U.S. foreign policy. The role includes responsibility for directing the world's most expensive military , which has the second-largest nuclear arsenal . The president also plays a leading role in federal legislation and domestic policymaking. As part of

12870-512: The president to recommend such measures to Congress which the president deems "necessary and expedient". This is done through the constitutionally-based State of the Union address, which usually outlines the president's legislative proposals for the coming year, and through other formal and informal communications with Congress. The president can be involved in crafting legislation by suggesting, requesting, or even insisting that Congress enact laws that

13000-486: The president's veto power with the Line Item Veto Act . The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override

13130-504: The president. The state secrets privilege allows the president and the executive branch to withhold information or documents from discovery in legal proceedings if such release would harm national security . Precedent for the privilege arose early in the 19th century when Thomas Jefferson refused to release military documents in the treason trial of Aaron Burr and again in Totten v. United States 92 U.S. 105 (1876), when

13260-550: The president. In recent decades, presidents have also made increasing use of executive orders , agency regulations, and judicial appointments to shape domestic policy. The president is elected indirectly through the Electoral College to a four-year term, along with the vice president . Under the Twenty-second Amendment , ratified in 1951, no person who has been elected to two presidential terms may be elected to

13390-423: The presiding officer may put evidentiary questions to a vote by senators, or an individual senator may make a motion for the senators to hold such a vote. An impeachment trial can be adjourned sine die at any time by a simple majority vote, effectively ending a trial without completion. This occurred in the 1868 impeachment trial of Andrew Johnson, with the Senate adjourning sine die without voting on all of

13520-404: The previous thirty years worked towards "undivided presidential control of the executive branch and its agencies". She criticized proponents of the unitary executive theory for expanding "the many existing uncheckable executive powers—such as executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements—that already allow presidents to enact

13650-424: The privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid, although the exact extent of the privilege has yet to be clearly defined. Additionally, federal courts have allowed this privilege to radiate outward and protect other executive branch employees but have weakened that protection for those executive branch communications that do not involve

13780-503: The privilege in more cases and at earlier stages of the litigation, thus in some instances causing dismissal of the suits before reaching the merits of the claims, as in the Ninth Circuit 's ruling in Mohamed v. Jeppesen Dataplan, Inc. Critics of the privilege claim its use has become a tool for the government to cover up illegal or embarrassing government actions. The degree to which

13910-494: The process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and the invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied greatly. George Washington,

14040-518: The prosecution and the defense, with the prosecution (represented by the House managers) delivering their opening argument first. After opening statements, each side presents their full case. There are not specified rules as to which side is supposed to present their full case first. Evidence may be presented and witnesses might be examined and cross-examined , with the Senate deciding on whether to allow this. After arguments are first presented, senators have an opportunity to present written questions to

14170-456: The representation of the two parties to the trial (the prosecution and the defense). Senators are prohibited from speaking during the questioning stage, so their questions are given to the presiding officer who reads aloud the question to the parties on the senators' behalf. After the questioning stage, further evidence might be brought in and witnesses might be brought in to provide testimony. The Senate may, alternatively, vote to end this part of

14300-446: The rules that have been utilized for United States federal impeachment trials since the 1868 impeachment trial of Andrew Johnson, while others arise from informal convention. After an impeachment is adopted in the House, the House appoints the impeachment managers. After the House has impeached an official, they also send the Senate notification of this action. The Senate, after receiving this notification, then adopts an order informing

14430-420: The second instance of a presidential impeachment, Chief Justice William Rehnquist was an intentionally passive presiding officer, once commenting on his stint as presiding officer, "I did nothing in particular, and I did it very well." In impeachment trials, the senators are generally referred to as acting as jurors. However, the 1999 impeachment trial of President Bill Clinton, Senator Tom Harkin objected to

14560-402: The senate for all aspects of a lengthy impeachment trial during a busy legislative period. The constitutionality of this rule change was called into question by some senators soon after its passage, motivating the Senate to opt against using a rule committee for the 1936 impeachment trial of Judge Halsted L. Ritter . Its constitutionality was tested by the Supreme Court of the United States in

14690-487: The size and scope of the federal government, including more executive agencies. The traditionally small presidential staff was greatly expanded, with the Executive Office of the President being created in 1939, none of whom require Senate confirmation. Roosevelt's unprecedented re-election to a third and fourth term, the victory of the United States in World War II , and the nation's growing economy all helped established

14820-462: The system of separation of powers , Article I, Section   7 of the Constitution gives the president the power to sign or veto federal legislation. Since modern presidents are typically viewed as leaders of their political parties, major policymaking is significantly shaped by the outcome of presidential elections, with presidents taking an active role in promoting their policy priorities to members of Congress who are often electorally dependent on

14950-600: The tradition of throwing out the ceremonial first pitch in 1910 at Griffith Stadium , Washington, D.C., on the Washington Senators's Opening Day . Every president since Taft, except for Jimmy Carter , threw out at least one ceremonial first ball or pitch for Opening Day, the All-Star Game , or the World Series , usually with much fanfare. Every president since Theodore Roosevelt has served as honorary president of

15080-434: The trial of Samuel Chase appear also to have been used for the later trials of James H. Peck and West Hughes Humphreys . The exact language of the rules used for previous trials could not be utilized for 1868 impeachment trial of President Andrew Johnson because those rules used wording specific to a trial being presided over by an officer of the Senate (as had been the case for all previous impeachment trials), while

15210-561: The trial itself, such as whether witnesses will be permitted. This also includes guidelines governing the presence of news media within the Senate Chamber. The rules adopted regarding press coverage within the Senate chamber have differed between impeachment trials. This also includes mundane details, such as what beverages may be consumed by senators in the Senate Chamber during the trial. By obscure convention, this has tended to be limited to water, sparkling water, and milk. Minimal guidance

15340-426: The trial of all impeachments". Indeed, since 1868, impeachment trials in the U.S. Senate have been governed by the rules created for the impeachment trial of Andrew Johnson, known as the "Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials". Very few changes have been made to these rules since 1868. The rules were not altered until after the 1935 impeachment trial of Harold Louderback , when

15470-469: The trial of any impeachment the Presiding Officer of the Senate, if the Senate so orders, shall appoint a committee of senators to receive evidence and take testimony at such times and places as the committee may determine. This rule change was motivated by the 1933 impeachment trial of Judge Harold Louderback , which highlighted the difficulties that could be brought by requiring a plenary session of

15600-404: The trial proceedings may be hammered out and procedural work might be undertaken for several days. Senators may set additional rules specific to the trial itself. Documentation provided by both the defense and prosecution are also distributed to senators. Before the argument stage beings, the Senate might hold a vote to formally approve of rules to be used for the trial. In the pleading stage, on

15730-408: The trial without allowing for this. Closing arguments are presented by both the prosecution and the defense. The House managers, representing the prosecution, will both open and close the final argument stage. After the closing arguments, the Senate might opt to vote for senators to hold closed-door deliberations in which they will debate among themselves. The verdict ("judgment of the Senate")

15860-418: The use of the term "jurors", and Chief Justice William Rehnquist agreed with Harkin's position over that of the House impeachment managers (prosecutors), declaring, "The chair is of the view that the senator from Iowa's objection is well taken, that the core - the Senate is not simply a jury. It is a court in this case. And therefore, counsel should refrain from referring to the senators as jurors." This indicated

15990-437: The verdict, they first vote on whether to convict. Conviction requires a two-thirds majority . Regardless of the number of articles of impeachment that are being tried, conviction on a single article triggers a removal from office for an incumbent officeholder. If a conviction occurs, the Senate then has the option of holding an additional vote as to whether to ban the official from holding federal office again, which only requires

16120-407: The veto by its ordinary means, a two-thirds vote in both houses. In Clinton v. City of New York , 524 U.S. 417 (1998), the U.S. Supreme Court ruled such a legislative alteration of the veto power to be unconstitutional. For most of American history, candidates for president have sought election on the basis of a promised legislative agenda. Article II, Section 3, Clause 2 requires

16250-520: The veto should only be used in cases where a bill was unconstitutional, it is now routinely used in cases where presidents have policy disagreements with a bill. The veto – or threat of a veto – has thus evolved to make the modern presidency a central part of the American legislative process. Specifically, under the Presentment Clause, once a bill has been presented by Congress, the president has three options: In 1996, Congress attempted to enhance

16380-514: The workings of an impeachment trial. Its only further specifications are that the chief justice of the United States presides over presidential impeachment trials, and that each senator must swear an oath. Therefore, the remainder of the mechanics of impeachment trials are left to the determination of the Senate itself. The first two impeachment trials in United States history (those of William Blount and John Pickering ) had each had their own individual set of rules. The nineteen rules established for

16510-555: Was a significant milestone, as Jackson was not part of the Virginia and Massachusetts elite that had held the presidency for its first 40 years. Jacksonian democracy sought to strengthen the presidency at the expense of Congress, while broadening public participation as the nation rapidly expanded westward. However, his successor, Martin Van Buren , became unpopular after the Panic of 1837 , and

16640-504: Was available as a remedy. As of October 2019, a case was pending in the federal courts regarding access to personal tax returns in a criminal case brought against Donald Trump by the New York County District Attorney alleging violations of New York state law. As head of state , the president represents the United States government to its own people and represents the nation to the rest of the world. For example, during

16770-539: Was nearly removed from office, with Congress remaining powerful during the two-term presidency of Civil War general Ulysses S. Grant . After the end of Reconstruction , Grover Cleveland would eventually become the first Democratic president elected since before the war, running in three consecutive elections (1884, 1888, 1892) and winning twice. In 1900, William McKinley became the first incumbent to win re-election since Grant in 1872. After McKinley's assassination by Leon Czolgosz in 1901, Theodore Roosevelt became

16900-731: Was the most recent to do so in July 1948, known as the Turnip Day Session . In addition, prior to ratification of the Twentieth Amendment in 1933, which brought forward the date on which Congress convenes from December to January, newly inaugurated presidents would routinely call the Senate to meet to confirm nominations or ratify treaties. In practice, the power has fallen into disuse in the modern era as Congress now formally remains in session year-round, convening pro forma sessions every three days even when ostensibly in recess. Correspondingly,

#951048