Sunday, December 14, 2008

Some Impeachment Reality..

Please keep in mind I am not an attorney

From Article IV of the Illinois State Constitution (the bolding is mine)
The House of Representatives has the sole power to
conduct legislative investigations to determine the existence
of cause for impeachment
and, by the vote of a majority of
the members elected, to impeach Executive and Judicial
officers. Impeachments shall be tried by the Senate. When
sitting for that purpose, Senators shall be upon oath, or
affirmation, to do justice according to law. If the Governor
is tried, the Chief Justice of the Supreme Court shall
preside. No person shall be convicted without the concurrence
of two-thirds of the Senators elected. Judgment shall not
extend beyond removal from office and disqualification to
hold any public office of this State. An impeached officer,
whether convicted or acquitted, shall be liable to
prosecution, trial, judgment and punishment according to law.
(Source: Illinois Constitution.)

Note first what is missing. There is no high crimes provision. As Rich Miller points out since impeachment is a political process you can in fact impeach someone for crossing with the light. It doesn't even seem like the House of Reps even really needs to do an investigation. It seems like there a no real rules for a trial.  The house could impeach on Monday just for the JCAR 

For example Governor Evan Mecham of Arizona was indicted on January 8th, 1988 and by January 15th, 1988 a report was filed with the State House and by February 8th they had impeached him, by April 4th he was removed from office. (Less than three months).

From the Arizona State Constitution (Article 8 Part 2 Section 2)
2. Conviction; grounds for impeachment; judgment; liability to trial

Section 2. No person shall be convicted without a concurrence of two-thirds of the senators elected. The governor and other state and judicial officers, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to trial and punishment according to law.

They have a high crimes and misdemeanors or malfeasance clause... We don't.  

Again you could impeach on Monday on JCAR alone, I would personally suggest you do it. Out of respect for our state and our nation we need to end this circus now.

Come on, with everything that is been going on with this guy even before Fitzmass I figured someone somewhere had a 'we need to impeach Rod now' plan on the shelf someplace.


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