Blog Post 1.4- "Judicial Impeachment"
1. How much of the House must agree to impeach a judge? How much of the Senate must agree to remove a judge?
The majority of the House must agree to impeach a judge and a two-thirds supermajority of the Senate must agree to remove a judge from office.
2. Has this process ever been used before for the Supreme Court? How many times?
There has only been one case where the process of impeachment has been used for the Supreme Court. However, they were only impeached, not removed.
3. Where in the Constitution does it set up the impeachment process?
In Article II, Section IV of the Constitution provides for the removal of "the President, Vice President, and all civil Officers of the United State... on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
4. What are the reasons for the impeachments of the 5 most recent judicial impeachments?
Harry Claiborne was impeached and then removed from office in 1986 for falsifying income tax returns.
Alcee Hastings was impeached and removed in 1989 for receiving a $150,000 bribe to reduce prison sentences for members of a mob. He was at first acquitted of these charges in a normal criminal court, but it was concluded that he had committed perjury and tampered with evidence in the case to secure his acquittal.
Walter Nixon was impeached and removed in 1989, three years after he had received a five-year sentence for perjury. It was ruled in the Supreme Court unanimously that impeachment trials are the sole province of the Senate.
Samuel Kent was impeached in 2009 after he pleaded guilty to obstruction of justice and sentences to 33 months in prison for lying about his sexual abuse of female employees.
G. Thomas Porteous was impeached by the Senate in 2010 for receiving gifts from attorneys who came before him, filing false statements in his personal bankruptcy case, and engaging in fraudulent and deceptive conduct concerning his debts and gambling losses.
5. Why does the current makeup of the Senate make it unlikely that Supreme Court justices Kavanaugh or Thomas would be removed if impeached today?
In the other cases, the people being impeached had little to no support in the Senate. However, both Thomas and Kavanaugh has enthusiastic supporters in the Senate that will most likely see to it that they are not removed from office.
6. Why is it hard to tell which offenses are "impeachable offenses" for a justice?
It is hard to tell which offenses are "impeachable offenses" for a justice because there is no clear cut definition of a "high crime or misdemeanor."
The majority of the House must agree to impeach a judge and a two-thirds supermajority of the Senate must agree to remove a judge from office.
2. Has this process ever been used before for the Supreme Court? How many times?
There has only been one case where the process of impeachment has been used for the Supreme Court. However, they were only impeached, not removed.
3. Where in the Constitution does it set up the impeachment process?
In Article II, Section IV of the Constitution provides for the removal of "the President, Vice President, and all civil Officers of the United State... on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
4. What are the reasons for the impeachments of the 5 most recent judicial impeachments?
Harry Claiborne was impeached and then removed from office in 1986 for falsifying income tax returns.
Alcee Hastings was impeached and removed in 1989 for receiving a $150,000 bribe to reduce prison sentences for members of a mob. He was at first acquitted of these charges in a normal criminal court, but it was concluded that he had committed perjury and tampered with evidence in the case to secure his acquittal.
Walter Nixon was impeached and removed in 1989, three years after he had received a five-year sentence for perjury. It was ruled in the Supreme Court unanimously that impeachment trials are the sole province of the Senate.
Samuel Kent was impeached in 2009 after he pleaded guilty to obstruction of justice and sentences to 33 months in prison for lying about his sexual abuse of female employees.
G. Thomas Porteous was impeached by the Senate in 2010 for receiving gifts from attorneys who came before him, filing false statements in his personal bankruptcy case, and engaging in fraudulent and deceptive conduct concerning his debts and gambling losses.
5. Why does the current makeup of the Senate make it unlikely that Supreme Court justices Kavanaugh or Thomas would be removed if impeached today?
In the other cases, the people being impeached had little to no support in the Senate. However, both Thomas and Kavanaugh has enthusiastic supporters in the Senate that will most likely see to it that they are not removed from office.
6. Why is it hard to tell which offenses are "impeachable offenses" for a justice?
It is hard to tell which offenses are "impeachable offenses" for a justice because there is no clear cut definition of a "high crime or misdemeanor."
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