GENERAL PROVISIONS
impeachment has resulted in more resig-
nations than impeachments. "It has
been earnestly contended by a highly
respected school of legal thought that
only indictable offenses are within the
contemplation of this provision (Article
II, Section 4) for impeachment."10
Other eminent legal authorities main-
tain that while indictability may not be
the true criterion of impeachability,
impeachment under our Constitution
presupposes the commission of an
offense in contravention of a statute or
against the precepts of the common law.
The impeachment process is inextric-
ably intertwined with the political process
at all levels of government.
"When the President nominates a
candidate for a federal judgeship, he
exercises the political power. When
the Senate confirms the nomination,
it exercises the political power. When
the House of Representatives im-
peaches a judge, the political power is
again brought into play. Upon con-
viction of the impeachment, the
respondent is removed from office.
Perhaps he may be perpetually dis-
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qualified from holding office. Here
political power ends and the respond-
ent is still subject to court action. . . .
Thus an impeachment in this country,
though judicial in external forms is
political in spirit. It is directed against
a political offense. It culminates in a
political judgment. It imposes a polit-
ical forfeiture. In every sense, save
that of administration, it is a political
remedy, for the suppression of a polit-
ical evil, with wholly political conse-
quences."11
The power of Congress to remove all
civil officers by impeachment has always
been regarded as an integral part of the
system of checks and balances on which
the federal government is based. The
legislative bodies, by constitutional
grant, can expel their members. The
President, through his power to appoint
and his duty to enforce the laws, may
remove all subordinate executive offi-
cers.12 Others can be removed by
agency and department heads, subject
to congressional regulations. The judi-
ciary alone among the three departments
of the federal government, lacks the
power to discipline its own members.
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IMPEACHMENT PROVISIONS IN OTHER STATE CONSTITUTIONS
alaska :
"All civil officers of the State are
subject to impeachment by the legis-
lature. In this state impeachment
originates in the Senate by two-thirds
vote of its members, and the trial is
conducted in the house of representa-
tives."13
arizona :
"The house of representatives shall
10 harv. L. rev., supra note 2.
1126 harv. L. rev. 697, 698 (1912-13).
12Myers v. U.S., 272 U.S. 52 (1926):
Humphrey Ex's v. U.S., 295 U.S. 602 (1935).
13 alas. const, art. II, §20 (adopted in
1959).
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have the sole power of impeachment.
The concurrence of a majority of all
the members shall be necessary for im-
peachment. . . . No person shall be
convicted without a concurrence of
two-thirds of the senators."14
delaware :
"The Governor and all other civil
officers under this state shall be liable
to impeachment for treason, bribery
or any high crime or misdemeanor in
office."15
14ARiz. const, art. VIII, §2(1) (adopted
in 1912).
15 del. const, art VI, §2 (adopted in
1897).
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