BackgroundOur founding fathers had several goals,

foremost among those goals was to avoid tyranny

In order to do this several different systems were set up to prevent the abuse of power

Federalism was one of these systemsFederalism was designed to balance the power

of the national and State governments and thus limit the powers of the national government

Jefferson and others were convinced that state government was closer to the people and thus more democratic

BackgroundAnother system that was developed was the

system of checks and balances

Checks and balances, or the separation of powers, is based upon the philosophy of Baron de Montesquieau

In this system the government was to be divided into three branches of government, each branch having particular powers

Legislative Branch

Executive Branch

Judicial Branch

Functions of the Branches

Makes the laws

Enforces and carries out the laws

Interprets the laws

U.S. Government

Check and Balances

Impeachment

• The right to impeach public officials is secured by the U.S. Constitution• "the President, Vice President, and all civil officers

of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

"High Crimes and Misdemeanors"

Bribery, perjury, and treason are the most obvious

Abuse of power and serious misconduct in office fit this category

One act that is definitely not grounds for impeachment is partisan arguments

Several impeachment cases have confused political hatred with genuine crimes

The Process

• Removing an official from office requires two steps: 1. A formal accusation, or impeachment, by the

House of Representatives• Impeachment requires a majority vote of the House

2. A trial and conviction by the Senate • conviction is more difficult, requiring a two-thirds

vote by the Senate

The Infamous SixteenSince 1797 the House of Representatives has

impeached sixteen federal officials Two presidents: Andrew Johnson and William Jefferson

Clinton A cabinet member A senator A justice of the Supreme Court and eleven federal judges

The Senate has convicted and removed seven All of them judges Not including office holders who have resigned rather

than face impeachment i.e., President Richard Nixon

President Andrew Johnson

President Andrew Johnson

A Southern Democrat who became president after Lincoln's assassination Supported a mild policy of Reconstruction after the

Civil War Showed leniency toward ex-Confederates Vetoed the Civil Rights Bill Opposed the Fourteenth Amendment

Tenure of Office Act of 1867 Prohibited the president from dismissing office

holders without the Senate's approval Johnson tested the constitutionality of the Act by

attempting to fire Secretary of War Edwin M. Stanton His violation of the Act became the basis for

impeachment in 1868

The Senate was one vote short of the two-thirds majority needed to convict

Johnson was acquitted May 26, 1868

President William Jefferson Clinton

President Bill ClintonDragged down by "character issues"

Independent Counsel Kenneth Starr unraveled a web of alleged sexual affairs in Clinton's past The trail led to former White House intern Monica S.

Lewinsky After months of denials, Clinton admitted in August

of 1998 that he had had a sexual relationship with the young woman during the time of her internship

"Starr Report" Outlined the findings of the Independent Counsel's

investigation Delivered to the House of Representatives on Sept. 9,

1998 Many felt the report was a political attack against the

President

President Bill ClintonOf the 11 possible grounds for

impeachment, four were eventually approved Grand jury perjury, civil suit perjury, obstruction of

justice, and abuse of power

On December 19, the House of Representatives held its historic vote Clinton was impeached on two counts Grand jury perjury (228–206) and obstruction of

justice (221–212) The votes were split along party lines

The Senate Republicans were unable to gather enough support to convict On Feb. 12, 1999, the Senate acquitted President

Clinton on both counts The perjury charge failed by a vote of 55–45 The obstruction of justice vote was 50–50