This means anybody appointed by the President then has to be approved by Senate. They can also impeach judges from the Judicial Branch. This limits Executive’s power to appoint people disapproved by Senate. The Judicial Branch can declare laws and the President’s acts unconstitutional. They have the right to do this because if the President is doing something against his right or the Constitution it’s not allowed.
Senator Gravel protested this subpoena arguing that requiring the aide to testify would be a violation of the Speech and Debate clause. The Law Article 1, Section 6 of the United States Constitution. Specifically the Speech and Debate Clause. Legal Questions 1. Under the Speech and Debate Clause, are members of Congress exempt from questioning in the investigation of the commission of a crime?
Jury Nullification CJA/344 May 2, 2013 Jury Nullification When juries believe a case is wrong or unjust they may acquit a defendant who has violated a law. This is known as jury nullification. In the United States, jury nullification has been an option for the jury. The jury plays an important role in interpreting and upholding the laws that the American government has outlined. Today’s society finds it necessary question to what range a jury can take the laws of America, change them, and make them their own.
_____________________________________________ 7. Which legislative body as the power of impeachment and which body has the power to try an impeached official? ______________________________________________________________________________________________________ 8. Who shall officiate when a president is tried for impeachment? _________________________________________________ 9. What is the required vote that is necessary to convict someone who has been impeached?
Examples of these include Roosevelt who died in 1945 and J.F. Kennedy who was famously assassinated in 1963. The final circumstance is if a President is impeached. A president can only be impeached for ‘high crimes and misdemeanours’. An enquiry is firstly taken in the House and then if leads to a majority vote then they are trialled before the Senate.
However, Clarence Thomas, who went through the Senate hearings in October 1991 described them as a ‘high-tech lynching’. Thomas was called back before the committee to answer questions of sexual harassment against a former employee. This can be seen as politically controversial as it can be seen more as political point-scoring and attempting to embarrass or make the nominee look good rather than real questioning of the nominees judicial beliefs and philosophies. Finally, a vote comes from the Senate floor to confirm or veto the candidate for a seat on the court. This can be achieved by a simple majority.
Filibuster, “a type or parliamentary procedure where debate is extended, allowing one or more members to delay or entirely prevent a vote on a given proposal,” is one of the causes for the brokenness of the Senate. An example of a filibuster which halted the Senate is Rand Paul’s filibuster on the vote of President Obama’s nomination for the head of CIA. Just because Rand Paul disapproved
The Act simply forbade the President from removing officials appointed with the approval of the Senate from office without the approval of the Senate. However this did little to prevent Johnson from removing any other officials from office. He removed the Secretary of War, Edwin Stanton, setting off a political fire storm in that Mr. Stanton was an ally of the Radical Republicans. That removal resulted in America’s first impeachment. The
When he was asked whether he would favor the prohibition of the bilingual ballot, he simply stated, “Of course not.” Wills’ continues in the next section stating that our national identity and our federal laws are being weakened by immigration that is influenced by these bilingual ballots. He also uses this anecdote in the fourth section by showing how our laws are weakening. That these illegal immigrants are able to ask for bilingual ballots because the law is weakening and they are able to immigrate into the country in illegal ways without knowing how to speak English or know anything about our politics. Although the chief rhetorical aim of the article appears to be to inform Americans rather than persuade them as to why the bilingual ballot should be prohibited, why is Will not taking up a more serious tone if he felt so strongly about the
Under system of checks and balances the President can check Congress by vetoing legislation. The practice of judicial review has permitted the Supreme Court to check Congress by declaring laws unconstitutional. Congress, on the other hand, can check both the President and members of the Court through its power to impeach government officials for treason, bribery, or other high crimes. Checks and balances were even set up within the legislative branch of government. Both houses of Congress, for example, have to approve a bill for it to become law.