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25 February, 19:26

What are the different roles played by the house and the senate in an impeachment proceeding

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  1. 25 February, 19:34
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    An impeachment charge is a procedure provided for in the United States Constitution (Article I, Section 3) for the impeachment of the President and other officials, such as the Supreme Court judges and the federal judges, if they commit high crimes and misdemeanors.

    The House of Representatives decides by simple majority on the initiation of the proceedings. As a result, hearings are held in the Senate. If the President is charged in this process, the Chief Justice presides. In other cases, there is no requirement in the Constitution so that the vice-president can regularly conduct the process in his capacity as President of the Senate. There is no explicit provision in the Constitution in the case of a trial of the Vice-President. Whether the vice president can impose an impeachment procedure against himself, is controversial. So far there is no precedent. Each side has the right to hear witnesses and cross-examine. Afterwards, secret talks take place. A verdict requires a two-thirds majority of the Senate. The accused person may then either be removed from office or be denied the dress of a public office. It is therefore a two-stage process, which is decided first on the question of guilt and then on the actual impeachment. A duly declared impeachment by the House of Representatives and the Senate is not legally contestable according to Supreme Court case law (Nixon v. United States).
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