Chapter 11: the Congress
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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. -
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 -
City Planning Commission Bylaws
CITY PLANNING COMMISSION BYLAWS Adopted February 7, 1978 Amended March 3, 1987 and October 18, 2012 I. ORGANIZATION A. Establishment The City Planning Commission (the “Commission”) was established under Section 6.03 of the Municipal Code (the “Code”) of the City of Cedar Rapids, Iowa (the “City”). B. Responsibilities The Commission shall have the responsibilities provided in the Code, including reviewing and making recommendation to the City Council and, when applicable, the Board of Zoning Adjustment or a City department on: 1. Conditional use requests, rezoning requests, major design exception requests, preliminary plat applications, historic preservation, and the Comprehensive Plan for the City. 2. Requests to amend the Subdivision Ordinance (Code Chapter 31) or the Zoning Ordinance (Code Chapter 32). 3. Planning, zoning, platting, and related matters referred by the City Council, identified by the Commission, or requested by a City department. II. RULES The Commission establishes the following procedural rules. A. Offices At its first regular meeting of the calendar year, the Commission shall elect from its membership a Chairperson and a Vice-Chairperson. 1. Powers and Duties of Offices. a. Chairperson. i. Preside at meetings. 1 ii. Call special meetings. iii. Sign official documents. iv. Delegate the keeping of meeting minutes to the Development Services Division. b. Vice-Chairperson. During the absence or following removal of the Chairperson, the Vice-Chairperson shall exercise the duties of the Chairperson. 2. Removal of Officers. The Commission may remove an officer by a two-thirds supermajority vote. 3. Replacement of Officers. If an office becomes vacant, the Commission shall elect a member at the next regular meeting to serve the unexpired term of the vacated office. -
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. -
Corporate Bylaws of , Incorporated in the State of Oklahoma
CORPORATE BYLAWS OF ________________________________________________, INCORPORATED IN THE STATE OF OKLAHOMA ARTICLE I – CORPORATE AUTHORITY Section 1. Incorporation: ________________________, (the “Corporation”) is a duly organized corporation authorized to do business in the State of Oklahoma by the filing of Articles of [Organization] [Incorporation] on _______________, 20____. Section 2. State law: The Corporation is organized under Title 17 and Title 18 of the Oklahoma Statutes and except as otherwise provided herein, the Statutes shall apply to the governance of the Corporation ARTICLE II - OFFICES Section 1. Registered Office and Registered Agent: The registered office of the Corporation in the State of Oklahoma, shall be [address] ______________________ ____________________. The registered agent of the Corporation shall be ___________________________. Section 2. Other Offices: The Corporation may also have offices at such other places, both within and without the State of _____________, as the Board of Directors may from time to time determine or the business of the Corporation may require. ARTICLE III – MEETINGS OF SHAREHOLDERS Section 1. Place of Meetings: Meetings of shareholders shall be held at the principal office of the Corporation or at such place as may be determined from time to time by the Board of Directors of the Corporation. Section 2. Annual Meetings: Each year, the Corporation shall hold an annual meeting of shareholders on such date and at such time as shall be determined from time to time by the Board of Directors, at which meeting shareholders shall elect a Board of Directors and transact any other business as may properly be brought before the meeting. Page 1 of 10 Section 3. -
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. -
Role of the Chair and Vice Chair of Committee Meetings
Cumbria County Council The Role of the Chair and the Vice Chair Cumbria County Council The Role of the Chair and Vice Chair All too often, management committee meetings are Something which is frequently neglected is hampered by digressions or an inability to stick to the chair’s supportive role for managers or the agenda, meetings take twice as long as they co-ordinators. In most cases when paid staff are should and no constructive actions have taken involved it is expected that the chair will meet with place. As a result committee members become the co-ordinator, at the very least, on a monthly frustrated, lose interest in the organisation and often basis to keep up to date with developments. As resign either before or at the AGM. The chairperson with any organisation it is expected that the chair is pivotal to the structure of the meetings and will will have to make difficult decisions, and if urgent need to be an excellent facilitator at planning and decisions must be made between meetings, running meetings. He or she will help the group deal the chair must determine whether to call a full with differences of opinion and conflicts and make committee, or to exercise chair’s action. This should sure that everyone who wants to has a chance to be used only for decisions which either genuinely speak. A person elected at the AGM should take the cannot wait or simply did not justify a full committee role of the chair for at least one year. It is not good meeting. -
President V Chairperson
President v Chairperson Chairperson The function of the chairperson of the board is clearly defined: he or she heads the Board of directors, which regulates the organisation but, like the other Board members, leaves the operation of the organisation to the CEO . The main role is leadership, ensuring effectiveness in all aspects of the governance role. The chair manages meetings and ensures that the board is balanced and board discussion is open and includes all directors. It is also the chair's responsibility to ensure that relevant issues are included in the agenda and that all directors receive timely information for meetings. The chairperson will normally be elected either from the entire organisation's membership or from those who sit on the executive or management committee. In the executive role, the chairperson not only chairs the meetings but also acts as principal officer throughout the year, making decisions whenever the need arises in consultation with other committee members. The Chairperson provides leadership to the Board, ensuring that the Board's processes and actions are consistent with its policies. The Chairperson also provides sounds leadership and advice to the CEO, and ensures that the CEO has a healthy and working relationship with the Board. The Board should clearly outline to the CEO what they expect the CEO to consult the Board on, what and how to report. As appropriate, the Chairperson represents the Board and the organisation to outside parties. It is expected that the Chairperson will promote a culture of stewardship, collaboration and co-operation, modelling and promulgating behaviours that define sound Board Membership. -
COMMISSIONERS Chairperson Kajal Chattopadhyay Vice Chairperson
COMMISSIONERS Meeting Agenda Wednesday, December 11, 2013 at 4:30pm Chairperson One Ashburton Place 21st Floor Kajal Chattopadhyay 1. Accept 11/06/2013 meeting minutes (pg. 2) Vice Chairperson Elisa Choi 2. Commissioners’ mandatory compliance items (pg. 3) Treasurer 3. Healthcare Forum 11/23 debrief Sophy Theam 4. Subcommittee updates (pg. 4) Secretary Admin / Finance / Gaming Kenneth Fong Fundraising / Unity Dinner PR / Legislation Kenneth An Program - Young Leaders Symposium Joel Buenaventura Program – Healthcare Yan Jennifer Cao Program - Economic Development Chun-Fai Chan Chris Chanyasulkit 5. Debrief on meeting with Treasurer. Nick Chau Kay Dong 6. Planning the next Unity Dinner. Om Ganda Gilbert Ho 7. Sponsorship of event 12/10/2013, WhiteHouse AAPI @ QARI WingKay Leung Vesna Nuon 8. Swearing-in Ceremony date TBD. Priti Rao Evelyn Tang 9. Old business Karen Tseng New Business Larry Wong 10. Meeting the new Executive Director. Executive Director Jason Chou 11. Next Commission meeting: Every second Wednesday, 01/08/2014 One Ashburton Place 12th Floor Boston, MA 02108 T: 617-367-9333 x662 www.aacommission.org COMMISSIONERS Meeting Minutes Wednesday, November 6, 2013 at 4:30pm Chairperson One Ashburton Place 21st Floor Kajal Chattopadhyay Absent Commissioners are highlighted on left. Vice Chairperson Remote Participants are indicated by an asterisk*. Elisa Choi 1. Accept 10/23/2013 meeting minutes (pg. 2) Treasurer • Gilbert motioned to accept minutes, seconded by Kajal. Motion carried by a Sophy Theam* unanimous vote. Secretary 2. Commissioners’ mandatory compliance items (pg. 3) Kenneth Fong • Commissioners will continue to fulfill their duties to satisfy the list. Kenneth An 3. Exploring the budget (pg. -
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. -
To Be Or Not to Be Both CEO and Board Chair Thuy-Nga T
Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2010 To Be or Not to Be Both CEO and Board Chair Thuy-Nga T. Vo William Mitchell College of Law, [email protected] Publication Information 76 Brooklyn Law Review 65 (2010) Repository Citation Vo, Thuy-Nga T., "To Be or Not to Be Both CEO and Board Chair" (2010). Faculty Scholarship. Paper 184. http://open.mitchellhamline.edu/facsch/184 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. To Be or Not to Be Both CEO and Board Chair Abstract Part I of this article discusses the management and monitoring responsibilities of the board of directors. Part II explores the duality governance structure and its prevalence in corporate America. In Part III, the article examines and weighs the theoretical arguments for and against duality. Based on these arguments, this part assesses the impact of combined or separate CEO and Chair positions on the board’s performance of its management and monitoring responsibilities. Part IV turns to the empirical data on the effect of combined, rather than separate, CEO-Chair roles on corporate performance. Part V explains the views of corporate stakeholders on the duality debate. The ra ticle concludes that theoretical arguments and empirical evidence, as reflected in financial and nonfinancial metrics, strongly suggest that a corporate governance structure with a nonexecutive Chair, instead of a dual CEO-Chair, is better suited to the fulfillment of the directors’ fundamental responsibilities to oversee business operations and monitor management for the purpose of enhancing shareholder value.