Difference between revisions of "Impeach"
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The [[transitive]] [[verb]] ‘to '''impeach'''’ means ‘to accuse or bring a charge against’. However, the word is nowadays most commonly used when a legislative body accuses a public official of having committed a crime or offence while in office. The related [[noun]] is '''impeachment''', and the [[adjective]] '''impeachable''' may be applied ''either'' to an offence for which it is possible to '''impeach''' the offender or to the offender himself or herself. | The [[transitive]] [[verb]] ‘to '''impeach'''’ means ‘to accuse or bring a charge against’. However, the word is nowadays most commonly used when a legislative body accuses a public official of having committed a crime or offence while in office. The related [[noun]] is '''impeachment''', and the [[adjective]] '''impeachable''' may be applied ''either'' to an offence for which it is possible to '''impeach''' the offender or to the offender himself or herself. | ||
| − | The constitutions of many countries in the modern world provide for the possibility of '''impeachment''' – most conspicuously, that of the United States. Whether '''impeachment''' is (still) a feature of the British constitution is uncertain (see further below) | + | The constitutions of many countries in the modern world provide for the possibility of '''impeachment''' – most conspicuously, that of the United States. Whether '''impeachment''' is (still) a feature of the British constitution is uncertain (see further below). |
| − | . | + | |
In Britain the articles of '''impeachment''' (i.e., the details of the offences with which the accused official is charged) are drawn up by the [[House of Commons]], while the trial itself is conducted in the [[House of Lords]]. The first recorded '''impeachment''' in British history took place in 1376, during the reign of Edward III (reigned 1327-1377), when members of the so-called ‘Good Parliament’, concerned to remove corrupt advisers from the Royal Court, '''impeached''' William, Baron Latimer (1330-1381), accusing him of accepting bribes, various other financial crimes, and misconduct as governor of Brittany. Latimer was found guilty, removed from office, fined, and imprisoned, but after only a few months was pardoned and returned to favour at Court. Perhaps the best known '''impeachment''' in British history is that of Warren Hastings (1732-1818), who was Governor General of Bengal from 1775 to 1785 and on his return to Britain was '''impeached''' in 1788 for financial corruption and other misconduct during his governorship. The [[House of Lords]] considered his case on 148 days over no less than 7 years, and eventually acquitted him on all counts. The last '''impeachment''' in Britain was in 1806 when Henry Dundas, Viscount Melville (1742-1811, Secretary of State for War 1794-1801, First Lord of the Admiralty 1804-1805) was '''impeached''' for ‘misappropriation of public money’: the case ended in an acquittal. In view of the length of time which has passed since this last case, constitutional experts disagree whether '''impeachment''' is still possible under the British Constitution, but what is certain is that future cases are extremely unlikely. | In Britain the articles of '''impeachment''' (i.e., the details of the offences with which the accused official is charged) are drawn up by the [[House of Commons]], while the trial itself is conducted in the [[House of Lords]]. The first recorded '''impeachment''' in British history took place in 1376, during the reign of Edward III (reigned 1327-1377), when members of the so-called ‘Good Parliament’, concerned to remove corrupt advisers from the Royal Court, '''impeached''' William, Baron Latimer (1330-1381), accusing him of accepting bribes, various other financial crimes, and misconduct as governor of Brittany. Latimer was found guilty, removed from office, fined, and imprisoned, but after only a few months was pardoned and returned to favour at Court. Perhaps the best known '''impeachment''' in British history is that of Warren Hastings (1732-1818), who was Governor General of Bengal from 1775 to 1785 and on his return to Britain was '''impeached''' in 1788 for financial corruption and other misconduct during his governorship. The [[House of Lords]] considered his case on 148 days over no less than 7 years, and eventually acquitted him on all counts. The last '''impeachment''' in Britain was in 1806 when Henry Dundas, Viscount Melville (1742-1811, Secretary of State for War 1794-1801, First Lord of the Admiralty 1804-1805) was '''impeached''' for ‘misappropriation of public money’: the case ended in an acquittal. In view of the length of time which has passed since this last case, constitutional experts disagree whether '''impeachment''' is still possible under the British Constitution, but what is certain is that future cases are extremely unlikely. | ||
Revision as of 12:17, 10 February 2020
The transitive verb ‘to impeach’ means ‘to accuse or bring a charge against’. However, the word is nowadays most commonly used when a legislative body accuses a public official of having committed a crime or offence while in office. The related noun is impeachment, and the adjective impeachable may be applied either to an offence for which it is possible to impeach the offender or to the offender himself or herself.
The constitutions of many countries in the modern world provide for the possibility of impeachment – most conspicuously, that of the United States. Whether impeachment is (still) a feature of the British constitution is uncertain (see further below).
In Britain the articles of impeachment (i.e., the details of the offences with which the accused official is charged) are drawn up by the House of Commons, while the trial itself is conducted in the House of Lords. The first recorded impeachment in British history took place in 1376, during the reign of Edward III (reigned 1327-1377), when members of the so-called ‘Good Parliament’, concerned to remove corrupt advisers from the Royal Court, impeached William, Baron Latimer (1330-1381), accusing him of accepting bribes, various other financial crimes, and misconduct as governor of Brittany. Latimer was found guilty, removed from office, fined, and imprisoned, but after only a few months was pardoned and returned to favour at Court. Perhaps the best known impeachment in British history is that of Warren Hastings (1732-1818), who was Governor General of Bengal from 1775 to 1785 and on his return to Britain was impeached in 1788 for financial corruption and other misconduct during his governorship. The House of Lords considered his case on 148 days over no less than 7 years, and eventually acquitted him on all counts. The last impeachment in Britain was in 1806 when Henry Dundas, Viscount Melville (1742-1811, Secretary of State for War 1794-1801, First Lord of the Admiralty 1804-1805) was impeached for ‘misappropriation of public money’: the case ended in an acquittal. In view of the length of time which has passed since this last case, constitutional experts disagree whether impeachment is still possible under the British Constitution, but what is certain is that future cases are extremely unlikely.
Impeachment was imported from Britain to North America. After the Declaration of Independence in 1776 it was provided for in the constitutions of Virginia, Massachusetts, and some other states, before finally, in 1787, becoming part of the constitution of the United States. Impeachment is possible both at the federal level and at state level, federal officials being impeachable by the federal legislature, and state officials by the legislature of the relevant state. At either level punishment of those found guilty is limited to their removal from office and disqualification from holding any further office. As in Britain, the articles of impeachment are drawn up by the Lower House (the House of Representatives) and the case is heard before the Upper House (the Senate). Federal impeachment is rare – in the entire history of the United States there have been no more than 20 impeachments, the majority of them of judges, and only three presidents have been impeached: Andrew Johnson (1808-1875, president 1865-1869), impeached 24th February 1868 for violating the Tenure of Office Act, acquitted when the Senate decreed the Tenure of Office Act to be unconstitutional; Bill Clinton (1946-, president 1993-2001), impeached 19th December 1998 for perjury to a grand jury and obstruction of justice, acquitted 12th February 1999); and Donald Trump (1946-, president 2017-), impeached 18th December 2019 for abuse of power and obstruction of Congress, acquitted 5th February 2020.
Etymological note: The origins of the word impeach are not completely certain, but one plausible account derives it, through French, from the Latin verb impedicare (‘to entangle, catch’), itself formed from im-(‘in’) and pedica (‘fetter, snare’, from pēs, genitive pedis, ‘a foot’).
