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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 331   View pdf image (33K)
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IMPEACHMENT PROVISIONS OF STATE CONSTITUTIONS

massachusetts :
"The Senate shall be a court with
full authority to hear and determine
all impeachments made by the House
of Representatives, against any officer
or officers of the commonwealth, for
misconduct and mal-administration in
their offices. But previous to the trial
of every impeachment, the members
of the Senate shall be respectively
sworn, truly and impartially to try and
determine the charge in question,
according to evidence."16
michigan :
"The house of representatives shall
have the sole power of impeaching
civil officers for corrupt conduct in
office or for crimes or misdemeanors,
but a majority of the members elected
thereto shall be necessary to direct an
impeachment."17
missouri:
"All elective executive officials of
the state and judges of the supreme
courts, courts of appeals and circuit
courts shall be liable to impeachment
for crimes, misconduct, habitual
drunkenness, wilful neglect of duty,

corruption in office.
"The house of representatives shall
have the sole power of impeachment.
All impeachments shall be tried be-
fore the supreme court, except that
the governor or a member of the su-
preme court shall be tried by a special
commission of seven eminent jurists
to be elected by the senate. . . . No
person shall be convicted without the
concurrence of five-sevenths of the
court of special commission.
"Except as provided in this Con-
stitution, all officers not subject to
impeachment shall be subject to re-
moval from office in the manner and
for the causes provided by law."18
Most of the states have a provision
that is a variation on the following:
Judgment in cases of impeachment shall
not extend further than to removal
from office and disqualification to hold
or enjoy any office of honor or profit, or
trust, under this State. But the person
convicted shall, nevertheless, be liable
and subject to indictment, trial, judg-
ment and punishment, according to law.

CASE NOTES

"A councilor whose office is pro-
vided for in the Constitution for the
administration of matters of general
or state concern is an 'officer of the
commonwealth' subject to impeach-
ment on grounds stated in the Consti-
tution, even though he is elected by
the people of a district and not by the
people at large. . . .
"The constitutional provisions that
16
mass. const, ch. I, §11 (adopted in
1795).
17 mich. const, art. XI, §7 (adopted in
1963).
18 Mo. const, art. VII, §§1 & 2 (adopted
in 1945).

any officer or officers of the common-
wealth may be impeached for miscon-
duct and maladministration in their
offices . . . should be given a construc-
tion adapted to carry into effect the
purpose to provide a method of re-
moving persons whose misconduct and
maladministration in their offices have
demonstrated their unfitness to con-
tinue in office.
"The Constitution was written to
be understood by the voters to whom
it was submitted for approval, and its
words and phrases should not be given
a constricted meaning, but should be
331

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 331   View pdf image (33K)
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