impeached. No officer shall be con-
victed on impeachment by a vote of
less than two-thirds of the members
of the tribunal hearing the charges."
Under the bicameral alternative, this
section reads: "by a two-thirds vote of
all the members of each house."
In seven states, a two-thirds vote of
all members of the legislature is neces-
sary to impeach.3 A two-thirds vote of
the members of the tribunal is necessary
to convict in twenty-nine states. Simi-
larly, the two-thirds requirement is
adopted by several nations. India is rep-
resentative. Its constitution provides:
"(1) When a President is to be
impeached for violation of the Consti-
tution, the charge shall be preferred
by either House of Parliament.
(2) No such charge shall be pre-
ferred unless —
(a) the proposal to prefer such
charge is contained in a resolution
which has been moved after at least
fourteen days' notice in writing
signed by not less than one-fourth
of the total number of members of
the House has been given of their
intention to move the resolution,
and
(b) such resolution has been
passed by a majority of not less
than two-thirds of the total mem-
bership of the House.
(3) When a charge has been so
preferred by either House of Parlia-
ment, the other House shall investi-
gate the charge or cause the charge to
be investigated and the President shall
have the right to appear and to be
represented at such investigation.
3 alas. const, art. II, § 20; del. const.
art. VI, § 1; ind. const, art. VI, § 7; R. I.
const, art. XI, § 1 ; S. C. const, art. XV,
§ 1 ; utah const, art. VI, § 17; vt. const.
art. II, §§ 14, 53.
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(4) If as a result of the investiga-
tion a resolution is passed by a major-
ity of not less than two-thirds of the
total membership of the House by
which the charge was investigated or
caused to be investigated, declaring
that the charge preferred against the
President has been sustained, such
resolution shall have the effect of
removing the President from his office
as from the date on which the resolu-
tion is so passed."4
France, on the other hand, requires an
absolute majority of the trying body for
conviction after impeachment charges:
"The indictment shall be by the
National Assembly and thereafter the
person impeached will be arraigned
before the High Court of Justice. The
Assembly shall vote upon this ques-
tion by secret ballot and by an abso-
lute majority of its members, with the
exception of those who may be called
upon to participate in the prosecution,
investigation or judgment of the
case."6
Unicameralism has roots extending
well into the American past. The colo-
nial legislatures of Delaware, Georgia
and Pennsylvania were unicameral.
Delaware changed to a bicameral system
during the Revolution, Georgia in 1789,
and Pennsylvania in 1790. Vermont
entered the Union with a one-house
legislature which it kept until 1836.
Nebraska became unicameral in 1937.6
4 When a charge of impeachment arises in
either House of Parliament, the other House
conducts the investigation, either by itself or
by delegating the investigation to a special
court or tribunal. Removal is effected by
resolution of a "majority of not less than 2/3"
of this (investigating) House — not the House
of origin. See D. basu, A commentary on
the constitution of india, 232-234 (1950),
5 const. of france art. 57 (1940).
6 state constitutional revision 200
(W. Graves ed. 1960). See especially pp. 200-
01 for treatment of unicameralism.
339
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