Impeached United States Officials Removed From Office
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Impeached United States Officials Removed From Office
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Europe and Latin America, impeachment tends to be confined to ministerial officials as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both " peers and commoners" have been subject to the process, however. From 1990 to 2020, there have been at least 272 impeachment charges against 132 different heads of state in 63 countries. Most democracies (with the notable exception of the United States) involve the courts (often a national constitutional court) in some way. In Latin America, which includes almost 40% of the world's presidential systems, ten presidents from six coun ...
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Impeachment Trial
An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how such trials are held. Trial as an earlier stage of an impeachment process In some countries, the term "impeachment" refers to the ultimate removal of an officeholder. In some such countries, a trial process is a component of the process related to impeachment, and occurs prior to an "impeachment" vote. An example of a government where this is the case is Brazil. Trial as the final stage of a bifurcated impeachment process Several other governments use a bifurcated (two-stage) process in which a vote to "impeach" triggers a subsequent trial in which the "impeached" individual is tried to determine whether they should be removed from office. In the United States, impeachment trials are held by both the federal and nearly all state gover ...
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Motion Of No Confidence
A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or management is still deemed fit to hold that position, such as because they are inadequate in some aspect, fail to carry out their obligations, or make decisions that other members feel to be detrimental. The parliamentary motion demonstrates to the head of government that the elected Parliament either has or no longer has confidence in one or more members of the appointed government. In some countries, a no-confidence motion being passed against an individual minister requires the minister to resign. In most cases, if the minister in question is the premier, all other ministers must also resign. A censure motion is different from a no-confidence motion. Depending on the constitution of the body concerned, "no confidence" may lead to the dism ...
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Nonjusticiable
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting ''writ of certiorari'' ("cert."). For an issue to be justiciable by a United States federal court, all of the following conditions must be met: # The parties must not be seeking an advisory opinion. # There must be an actual controversy between the parties, meaning that the parties ca ...
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Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ...
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United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powers of the Senate are established by Article One of the United States Constitution. The Senate is composed of senators, each of whom represents a single state in its entirety. Each of the 50 states is equally represented by two senators who serve staggered terms of six years, for a total of 100 senators. The vice president of the United States serves as presiding officer and president of the Senate by virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. As the upper chamber of Congress, the Senate has several powers o ...
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United States House Of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being the Upper house, upper chamber. Together they comprise the national Bicameralism, bicameral legislature of the United States. The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member List of United States congressional districts, congressional districts allocated to each U.S. state, state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Ronald Rotunda
Ronald D. Rotunda (February 14, 1945 – March 14, 2018) was an American legal scholar and professor of law at Chapman University School of Law. Rotunda's first area of primary expertise is United States Constitutional law, and is the author of an influential 6-volume legal treatise on Constitutional LaHis other area of primary expertise is Legal Ethics, often called Professional responsibility, Professional Responsibility. He has also published an influential treatise onLegal Ethics co-published by West-Thomson Reuters, ABA. Hwasalso a senior fellow, in 2000, at the Cato Institute in Washington, D.C. In 1963, when Rotunda was 18 years old, he received a scholarship to attend Harvard University. Professor Rotunda later received a J.D. from Harvard Law School. Rotunda married Marcia Mainland in February 1969. She was formerly an attorney in the office of University Counsel during his time at Illinois. In 1966, shortly after his conviction, Albert DeSalvo, the Boston Strangler, ...
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Indictable
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, New ...
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Political Crime
In criminology Criminology (from Latin , "accusation", and Ancient Greek , ''-logia'', from λόγος ''logos'' meaning: "word, reason") is the study of crime and deviant behaviour. Criminology is an interdisciplinary field in both the behavioural and so ..., a political crime or political offence is an offence involving overt acts or Omission (criminal law), omissions (where there is a duty to act), which prejudice the interests of the State (polity), state, its government, or the political system. It is to be distinguished from state crime, in which it is the states that break both their own criminal laws or public international law. States will define as political crimes any behaviour perceived as a threat, real or imagined, to the state's survival, including both violent and non-violent oppositional crimes. A consequence of such criminalisation may be that a range of human rights, civil rights, and freedoms are curtailed, and conduct which would not normally be con ...
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Public Trust
The concept of public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever ''trust'' citizens place in its officials must be respected. One of the reasons that bribery is regarded as a notorious evil is that it contributes to a culture of political corruption in which public trust is eroded. Other issues related to political corruption or betrayal of public trust are lobbying, special interest groups and the public cartel. United States In the United States "Public Trust" is a term of art referring to any public property which belongs to the whole of the people. Initially it was used within the formation of the government to refer to politicians who achieve power by election. In the United States Constitution, all members of Congress as well as the President, and Vice President are elected seats therein. The first state constitution drafted in the United States was ...
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