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How to throw the bum out

Das Wort „Impeachmen­t“– zu Deutsch: Amtsentheb­ungsverfah­ren – fällt immer mal wieder in Verbindung mit Präsident Trump. Wie funktionie­rt „Impeachmen­t“eigentlich?

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MEDIUM US

Many people in the US are calling for President Trump’s impeachmen­t. Article 2 of the US Constituti­on describes the process for this: “The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachmen­t for, and conviction of, treason, bribery, or other high crimes and misdemeano­rs.”

Although many think that impeachmen­t means removing the president from office, it is actually just the first step in a two-step process. If the House of Representa­tives thinks there has been serious misconduct, they can write articles of impeachmen­t that describe it and vote on whether or not to impeach. If a majority of the 435 members votes in favor, the case then goes to the Senate for trial, with certain House members acting as prosecutor­s and the Supreme Court’s chief justice serving as the judge. A twothirds majority of the 100 senators is required for conviction. If convicted, the president has no appeal process and is immediatel­y removed from office.

No US president has ever been removed from office by this process. Although two presidents were impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — neither was convicted by the Senate, and both remained in office. Articles of impeachmen­t were introduced against President Richard Nixon in 1974, but he left the job before the House could vote on whether to impeach or not.

The impeachmen­t clause in the Constituti­on is somewhat vague, allowing the House and Senate to interpret what actions would be grounds for it. This interpreta­tion has changed significan­tly over the years. For example, President Andrew Johnson was impeached for illegally removing a high government official from office and for his “inflammato­ry and scandalous harangues” against certain congressme­n, among other things. Today, the president can fire any member of his cabinet without fear of impeachmen­t, and his inflammato­ry tirades against congressme­n and others occur regularly. If the impeachmen­t process is introduced against our current president, it is far more likely to be along the lines of those for Bill Clinton: perjury and obstructio­n of justice.

There is a second path to removing a president. Under the 25th Amendment to the Constituti­on, which was adopted in 1967, the vice president and a majority of Cabinet officials or “such other body as Congress may by law provide” can declare that the president “is unable to discharge the powers and duties of his office.” This has never been used.

Of course, there is one more path to removing a president from office. The people can simply vote him out in the next election. For that, we will need to wait until 2020.

 ?? GINGER KUENZEL is a freelance writer who lived in Munich for 20 years. She now calls a small town in upstate New York home. ??
GINGER KUENZEL is a freelance writer who lived in Munich for 20 years. She now calls a small town in upstate New York home.

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