CHAPTER 5, the Legislative Branch
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Resolutions to Censure the President: Procedure and History
Resolutions to Censure the President: Procedure and History Updated February 1, 2021 Congressional Research Service https://crsreports.congress.gov R45087 Resolutions to Censure the President: Procedure and History Summary Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section 5), non-Member censure is not. Rather, it is a formal expression or “sense of” one or both houses of Congress. Censure resolutions targeting non-Members have utilized a range of statements to highlight conduct deemed by the resolutions’ sponsors to be inappropriate or unauthorized. Before the Nixon Administration, such resolutions included variations of the words or phrases unconstitutional, usurpation, reproof, and abuse of power. Beginning in 1972, the most clearly “censorious” resolutions have contained the word censure in the text. Resolutions attempting to censure the President are usually simple resolutions. These resolutions are not privileged for consideration in the House or Senate. They are, instead, considered under the regular parliamentary mechanisms used to process “sense of” legislation. Since 1800, Members of the House and Senate have introduced resolutions of censure against at least 12 sitting Presidents. Two additional Presidents received criticism via alternative means (a House committee report and an amendment to a resolution). The clearest instance of a successful presidential censure is Andrew Jackson. The Senate approved a resolution of censure in 1834. On three other occasions, critical resolutions were adopted, but their final language, as amended, obscured the original intention to censure the President. -
Florida Historical Quarterly
COVER Two eastbound trains and passengers appear to be waiting at the Archer depot for a westbound train from Gainesville, ca. 1910. The wood-burning freight on the right has arrived from Cedar Key, while the coal-burning train on the left has come from the south. The line on the right is the original “Florida Railroad” built by Senator David Levy Yulee’s company. Originating in Fernandina, the line had reached Archer by 1859, and was completed to its terminus at Cedar Key in 1861. The line on the left was built to haul phosphate from the mines in the area and other freight. It eventually went all the way to Tampa. From the collection of Herbert J. Doherty, Jr. Gainesville. Historical uarterly Volume LXVIII, Number July 1989 THE FLORIDA HISTORICAL SOCIETY COPYRIGHT 1989 by the Florida Historical Society, Tampa Florida. Second class postage paid at Tampa and DeLeon Springs, Florida. Printed by E. O. Painter Printing Co., DeLeon Springs, Florida. (ISSN 0015-4113) THE FLORIDA HISTORICAL QUARTERLY Samuel Proctor, Editor Everett W. Caudle, Editorial Assistant EDITORIAL ADVISORY BOARD David R. Colburn University of Florida Herbert J. Doherty, Jr. University of Florida Michael V. Gannon University of Florida John K. Mahon University of Florida (Emeritus) Jerrell H. Shofner University of Central Florida Charlton W. Tebeau University of Miami (Emeritus) Correspondence concerning contributions, books for review, and all editorial matters should be addressed to the Editor, Florida Historical Quarterly, Box 14045, University Station, Gainesville, Florida 32604-2045. The Quarterly is interested in articles and documents pertaining to the history of Florida. -
Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: in Brief Name Redacted Specialist on Congress and the Legislative Process
Senate Proceedings Establishing Majority Cloture for Supreme Court Nominations: In Brief name redacted Specialist on Congress and the Legislative Process April 14, 2017 Congressional Research Service 7-.... www.crs.gov R44819 Majority Cloture for Supreme Court Nominations: In Brief Contents Introduction ..................................................................................................................................... 1 Senate Proceedings Establishing Majority Cloture on Nominations to the U.S. Supreme Court ............................................................................................................................................. 1 Related CRS Products ..................................................................................................................... 3 Contacts Author Contact Information ............................................................................................................ 4 Congressional Research Service Majority Cloture for Supreme Court Nominations: In Brief Introduction On April 6, 2017, the Senate reinterpreted Rule XXII to allow a majority of Senators voting, a quorum being present, to invoke cloture on nominations to the U.S. Supreme Court. Before the Senate reinterpreted the rule, ending consideration of nominations to the Supreme Court required a vote of three-fifths of Senators duly chosen and sworn (60 Senators unless there was more than one vacancy). The practical effect of the Senate action on April 6 was to reduce the level of Senate support necessary -
Impeachment in Florida
Florida State University Law Review Volume 6 Issue 1 Article 1 Winter 1978 Impeachment in Florida Frederick B. Karl Marguerite Davis Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the President/Executive Department Commons Recommended Citation Frederick B. Karl & Marguerite Davis, Impeachment in Florida, 6 Fla. St. U. L. Rev. 1 (1978) . https://ir.law.fsu.edu/lr/vol6/iss1/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 6 WINTER 1978 NUMBER 1 IMPEACHMENT IN FLORIDA FREDERICK B. KARL AND MARGUERITE DAVIS TABLE OF CONTENTS Page I. HISTORY OF IMPEACHMENT AUTHORITY ..... 5 II. EFFECTS OF IMPEACHMENT ................... 9 III. GROUNDS FOR IMPEACHMENT .................. 11 IV. IMPEACHMENT FOR ACTS PRIOR TO PRESENT TERM OF OFFICE .................... 30 V. JUDICIAL REVIEW OF IMPEACHMENT PROCEEDINGS 39 VI. IMPEACHMENT PROCEDURE: THE HOUSE OF REPRESENTATIVES ..................... ........ 43 VII. IMPEACHMENT PROCEDURE: THE SENATE ......... 47 VIII. IMPEACHMENT ALTERNATIVES .................... 51 A. CriminalSanctions .......................... 52 B . Incapacity ........ ... ... ............... 53 C. Ethics Commission ......................... 53 D. Judicial QualificationsCommission ........... 53 E . B ar D iscipline .............................. 54 F. Executive Suspension ........................ 55 IX . C ON CLUSION ................................... 55 X . A PPEN DIX ....... ............................ 59 2 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 6:1 IMPEACHMENT IN FLORIDA FREDERICK B. KARL* AND MARGUERITE DAVIS** What was the practice before this in cases where the chief Magis- trate rendered himself obnoxious? Why recourse was had to assas- sination in wch. -
Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November. -
The Impeachment and Trial of a Former President
Legal Sidebari The Impeachment and Trial of a Former President January 15, 2021 For the second time in just over a year, the House of Representatives has voted to impeach President Donald J. Trump. The House previously voted to impeach President Trump on December 18, 2019, and the Senate voted to acquit the President on February 5, 2020. Because the timing of this second impeachment vote is so close to the end of the Trump Administration, it is possible that any resulting Senate trial may not occur until after President Trump leaves office on January 20, 2021. This possibility has prompted the question of whether the Senate can try a former President for conduct that occurred while he was in office. The Constitution’s Impeachment Provisions The Constitution grants Congress authority to impeach and remove the President, Vice President, and other federal “civil Officers” for treason, bribery, or “other high Crimes and Misdemeanors.” Impeachment is one of the various checks and balances created by the Constitution, and it serves as a powerful tool for holding government officers accountable. The impeachment process entails two distinct proceedings carried out by the separate houses of Congress. First, a simple majority of the House impeaches—or formally approves allegations of wrongdoing amounting to an impeachable offense. The second proceeding is an impeachment trial in the Senate. If the Senate votes to convict with a two-thirds majority, the official is removed from office. The Senate also can disqualify an official upon conviction from holding a federal office in the future; according to Senate practice, this vote follows the vote for conviction. -
Florida Jewish History Month January
Florida Jewish History Month January Background Information In October of 2003, Governor Jeb Bush signed a historic bill into law designating January of each year as Florida Jewish History Month. The legislation for Florida Jewish History Month was initiated at the Jewish Museum of Florida by, the Museum's Founding Executive Director and Chief Curator, Marcia Zerivitz. Ms. Zerivitz and State Senator Gwen Margolis worked closely with legislators to translate the Museum's mission into a statewide observance. It seemed appropriate to honor Jewish contributions to the State, as sixteen percent, over 850,000 people of the American Jewish community lives in Florida. Since 1763, when the first Jews settled in Pensacola immediately after the Treaty of Paris ceded Florida to Great Britain from Spain, Jews had come to Florida to escape persecution, for economic opportunity, to join family members already here, for the climate and lifestyle, for their health and to retire. It is a common belief that Florida Jewish history began after World War II, but in actuality, the history of Floridian Jews begins much earlier. The largest number of Jews settled in Florida after World War II, but the Jewish community in Florida reaches much further into the history of this State than simply the last half-century. Jews have actively participated in shaping the destiny of Florida since its inception, but until research of the 1980s, most of the facts were little known. One such fact is that David Levy Yulee, a Jewish pioneer, brought Florida into statehood in 1845, served as its first U.S. -
Men, Women and Children in the Stockade: How the People, the Press, and the Elected Officials of Florida Built a Prison System Anne Haw Holt
Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2005 Men, Women and Children in the Stockade: How the People, the Press, and the Elected Officials of Florida Built a Prison System Anne Haw Holt Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF ARTS AND SCIENCES Men, Women and Children in the Stockade: How the People, the Press, and the Elected Officials of Florida Built a Prison System by Anne Haw Holt A Dissertation submitted to the Department of History in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Fall Semester, 2005 Copyright © 2005 Anne Haw Holt All Rights Reserved The members of the Committee approve the Dissertation of Anne Haw Holt defended September 20, 2005. ________________________________ Neil Betten Professor Directing Dissertation ________________________________ David Gussak Outside Committee Member _________________________________ Maxine Jones Committee Member _________________________________ Jonathon Grant Committee Member The office of Graduate Studies has verified and approved the above named committee members ii To my children, Steve, Dale, Eric and Jamie, and my husband and sweetheart, Robert J. Webb iii ACKNOWLEDGEMENTS I owe a million thanks to librarians—mostly the men and women who work so patiently, cheerfully and endlessly for the students in the Strozier Library at Florida State University. Other librarians offered me unstinting help and support in the State Library of Florida, the Florida Archives, the P. K. Yonge Library at the University of Florida and several other area libraries. I also thank Dr. -
Florida Historical Quarterly (ISSN 0015-4113) Is Published by the Florida Historical Society, University of South Florida, 4202 E
COVER Black Bahamian community of Coconut Grove, late nineteenth century. This is the entire black community in front of Ralph Munroe’s boathouse. Photograph courtesy Ralph Middleton Munroe Collection, Historical Association of Southern Florida, Miami, Florida. The Historical Volume LXX, Number 4 April 1992 The Florida Historical Quarterly (ISSN 0015-4113) is published by the Florida Historical Society, University of South Florida, 4202 E. Fowler Avenue, Tampa, FL 33620, and is printed by E. O. Painter Printing Co., DeLeon Springs, FL. Second-class postage paid at Tampa, FL, and at additional mailing office. POST- MASTER: Send address changes to the Florida Historical Society, P. O. Box 290197, Tampa, FL 33687. Copyright 1992 by the Florida Historical Society, Tampa, Florida. THE FLORIDA HISTORICAL QUARTERLY Samuel Proctor, Editor Mark I. Greenberg, Editorial Assistant EDITORIAL ADVISORY BOARD David R. Colburn University of Florida Herbert J. Doherty University of Florida Michael V. Gannon University of Florida John K. Mahon University of Florida (Emeritus) Joe M. Richardson Florida State University Jerrell H. Shofner University of Central Florida Charlton W. Tebeau University of Miami (Emeritus) Correspondence concerning contributions, books for review, and all editorial matters should be addressed to the Editor, Florida Historical Quarterly, Box 14045, University Station, Gainesville, Florida 32604-2045. The Quarterly is interested in articles and documents pertaining to the history of Florida. Sources, style, footnote form, original- ity of material and interpretation, clarity of thought, and in- terest of readers are considered. All copy, including footnotes, should be double-spaced. Footnotes are to be numbered con- secutively in the text and assembled at the end of the article. -
Presentation to the Senate Modernization Committee
Presentation to the Senate Modernization Committee The Senate and the Canadian Charter of Rights and Freedoms JAMES B. KELLY Professor Department of Political Science Concordia University May 10, 2017 1 There are 4 broad reforms that should be considered to ensure a more transparent approach to the Charter of Rights and Freedoms by the Minister of Justice, as well as to modernize the role of the Senate in respect to rights-based scrutiny and the legislative process. 1. Change the Minister of Justice’s reporting duty in regard to the Charter of Rights and Freedoms from simply allowing a statement of incompatibility (SOI) to also require a statement of compatibility (SOC) for all government bills modelled after the approach in the Commonwealth of Australia. For private members’ bills (PMBs), the Minister of Justice should be required to review all PMBs that progress past second reading. Because PMBs have a higher probability of being found incompatible with the Charter of Rights, as the Department of Justice does not assist in the preparation of PMBS, a revised section 4.1.1. of the Department of Justice Act should retain the ability of the Minister of Justice to issue a statement of incompatibility in this context. 2. Establish a dedicated parliamentary committee with the sole mandate to receive and review statements of compatibility, and to issue an independent assessment of Charter compatibility of all government bills, and all PMBS that progress past second reading. This committee should be a joint committee of the Parliament of Canada modelled after the Joint Committee on Human Rights (JCHR) in the United Kingdom and the Parliamentary Joint Committee on Human Rights (PJCHR) in Australia. -
Impeachment and Removal
Impeachment and Removal Jared P. Cole Legislative Attorney Todd Garvey Legislative Attorney October 29, 2015 Congressional Research Service 7-5700 www.crs.gov R44260 Impeachment and Removal Summary The impeachment process provides a mechanism for removal of the President, Vice President, and other “civil Officers of the United States” found to have engaged in “treason, bribery, or other high crimes and misdemeanors.” The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power to try an impeachment. A conviction on any one of the articles of impeachment requires the support of a two-thirds majority of the Senators present. Should a conviction occur, the Senate retains limited authority to determine the appropriate punishment. Under the Constitution, the penalty for conviction on an impeachable offense is limited to either removal from office, or removal and prohibition against holding any future offices of “honor, Trust or Profit under the United States.” Although removal from office would appear to flow automatically from conviction on an article of impeachment, a separate vote is necessary should the Senate deem it appropriate to disqualify the individual convicted from holding future federal offices of public trust. Approval of such a measure requires only the support of a simple majority. Key Takeaways of This Report The Constitution gives Congress the authority to impeach and remove the President, Vice President, and other federal “civil officers” upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. -
Changes to Senate Procedures at the Start of the 113Th Congress Affecting the Operation of Cloture (S.Res
Changes to Senate Procedures at the Start of the 113th Congress Affecting the Operation of Cloture (S.Res. 15 and S.Res. 16) Updated March 19, 2013 Congressional Research Service https://crsreports.congress.gov R42996 Changes to Senate Procedures in the 113th Congress Affecting the Operation of Cloture Summary On January 25, 2013, the Senate approved two resolutions affecting the process for considering legislation and nominations. S.Res. 15 established two standing orders of the Senate that will apply only in the 113th Congress; S.Res. 16 made two changes to the standing rules of the Senate. Section 1 of S.Res. 15 creates a special motion to proceed that could be approved by majority vote after four hours of debate. (Most motions to proceed are not subject to any limit on debate, and therefore a cloture process and three-fifths support may be required to reach a vote.) A bill brought before the Senate using this motion would be subject to an alternative amendment process intended to encourage the consideration of at least four amendments, two from each party. The four amendments would be considered sequentially (not simultaneously), alternating by party, beginning with the minority. With cloture, the opportunity to offer all four amendments is guaranteed if they are filed by times specified in the standing order. Unlike standard amendments, a non-germane priority amendment could be considered post-cloture, but would require 60 votes for approval. Without cloture, the amendments are not subject to any debate limit, and considering all four would therefore likely require unanimous consent. S.Res.