Traditionally, the impeachment process begins with the House Judiciary Committee holding hearings. If the committee then passes an impeachment resolution and accompanying articles of impeachment, those go to the full House. And if the resolution and articles are approved (by a simple majority), the president is impeached, the equivalent of being formally charged. That is the first step of a two-step process. There is then a trial in the Senate, with members of the House serving as prosecutor and the chief justice serving as judge. If the Senate finds the president guilty of any of the articles of impeachment by a two-thirds vote he is removed from office and the vice president immediately assumes the presidency.
H.CON.RES.107 — Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high… (Introduced in House - IH)
HCON 107 IH
112th CONGRESS2d SessionH. CON. RES. 107
Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
IN THE HOUSE OF REPRESENTATIVES
March 7, 2012
Mr. JONES submitted the following concurrent resolution; which was referred to the Committee on the Judiciary
CONCURRENT RESOLUTION
Expressing the sense of Congress that the use of offensive military force by a President without prior and clear authorization of an Act of Congress constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a President without prior and clear authorization of an Act of Congress violates Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under article II, section 4 of the Constitution.
“There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice …” —U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)
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