Chapter 2 Review of Related Literature Sample

This testimony led to the fight for the tape recordings from the House Judiciary Committee, the House believed that these could help uncover his role in the Watergate Scandal. The public was having an increase in suspicion of Nixon because of his vigorous effort to defend the tapes. After the Supreme Court’s rejection of Nixon's executive privilege, there were over 700 white house files, 19 presidential conversations, and over 42 additional tapes taken, but the biggest suspicion was the eighteen and a half minute silent gap in a conversation with Mr.Haldeman in 1972. Nixon later in court lies about the $25,000 check given to Bernard Barker, saying that he is probably a “bum” and definitely did not receive the money from CREEP, even though the check was directly traceable to the committee. On May 10, 1989 the House of Representatives adopted 3 Articles of impeachment for high crimes and misdemeanors, with the first two articles charging Nixon with giving false testimony before the grand jury and the third article with bringing disrepute on the Federal judiciary. These charges placed on the highest position in American society is disastrous and leads to a distrust in government within the American people.The fact that Nixon was granted a full pardon and was acquitted of all of the charges makes Americans lose hope in the American Judicial System and makes people question the “role of the

Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce, Division, and Recorded. If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate. When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.

The president, who is the head of the executive branch, is elected by the entire nation and serves four years. According to article II of the Constitution the president has the power of execution and enforcement of laws passed by the congress, choose cabinet members and officials, he is the head of state and the commander and chief of the armed forces. The vice president is also a part of the executive branch and is a position to take presidency in case something happened to the president. In contrast, the judicial branch officials are appointed by the president and confirmed by the Senate. In article three of the constitution the judicial branch is established and to let the congress to determine the judicial structure, the jurisdiction of the federal courts and the number of Supreme Court Justices.

In this process a bill is drafted, then it is introduced in the house. The Speaker of the House sends the bill to a committee, the committee decides to make changes to the bill or kill it. If the bill gets sent on, it gets sent to the Senate. In the senate it is sent to another committee and if majority vote for it, the bill will go to the whole Senate. The bill gets debated and amendments add, if needed, and then sent back to the House. Any changes made and House doesn’t agree it goes to a committee to find compromises. After the compromise it goes to the President. If the President vetoes the bill, ⅔ majority of the House can override the veto.

If the President is suspected of unlawful acts, he can be impeached, or tried by the Senate for misusing his power. The Senate has the sole power to try all impeachments. If he is found guilty, he can be punished but his sentence can be no more than being thrown out of office and being forbidden to hold any government office. Furthermore, if the President wants to spend money, his request must pass through Congress, since it has control over spending. Lastly, Congress can re-pass a bill that was vetoed by the President. Congress also has checks and balances against itself. The President can veto a bill from Congress, and although Congress can override a veto, obtaining a two-thirds vote to do so is very difficult. Public speeches by the President may also concern the public with an issue, putting pressure on Congress to act upon it. The Judicial branch exerts control over the other two by deciding whether or not actions made by the President or Congress, i.e., laws are constitutional.

The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior.

Firstly the members of congress, executive branch, or members of outside community draw up a bill. After that the members of the house only will have to introduce the bill on the floor of house of representative. Then the bill is sent to the committee. Only bills that are necessary and reasonably appropriate make it to the next step, which is the rules of a committee for debate. Then it goes back to the floor of the house for a debate and members of the house then will vote for the bill. If the bill is in favor by most of the members of the house, hence the bill is sent to the senate. The senator introduces the bill on the floor. If the majority of the committees agree then the bill goes to the entire senate to consider the bill. As it follows the same process of the house, there is a debate and if majority votes for the bill then the bill is returned back to the house of representative.

The power that the legislative branch holds over the judicial branch is that even though the president gets to pick the judge, the legislative branch gets to approve the judge. And like with the president the legislative branch/ congress also has the power to impeach the judges.

The house of representatives has the authority to impeach both the president or vice president, if they unjust, or if he or she breaks a law of room

This Act claimed that “all executive branch office-holders who are appointed by the President with the advice and consent of the senate could in effect not be dismissed by the President except with the same advice and consent of the state.” In other words, Johnson just broke the law and the House of Representatives brought impeachment charges against him for violating the Tenure of Office Act and claiming that he brought “disgrace and ridicule on Congress.” He was an embarrassment. In 1868, by a margin of one vote, the Senate voted not to convict Johnson and let him serve the duration of his

Congress retains a number of special powers. It can act as a judicial body to impeach and try a president or other civil officer for misconduct. For example, the House of Representatives impeaches the official and Senate does a trial. Congress is also empowered to create and use administrative agencies and boards, such as the National Highway Traffic Safety Administration, to determine facts and to enforce its

If both the Senate and the House pass the bill, it is then sent to the president for his signature leading to the bill becoming a law (United States Senate, n.d.).

Throughout the years, many scholars and politicians have perceived the legalistic interpretation of impeachment, as a legal process, due to the legal proceedings that take place. The legal proceeding of impeachment includes the House of Representatives (draws the charges towards the president and makes the decision of incitement), the Senate (takes an oath to become the jury at the hearing and decides on whether or not to convict), and the Chief Justice of the Supreme Court (who acts as a judge during the hearing). During the process, the legal teams are trying to make the argument of

If two-thirds of the Senate and House agree, Congress can pass a law even if the president has vetoed it

But the bill can also be brought to the floor if a large amount of the Senate chooses it to. Then there is the debate, The Committee of the Whole debates and amends the bill, but they can not pass it. They will decide how much time each person will get to debate the bill. The bill will then go back to the house to be voted on; there must be two hundred and eighteen members present to have a final vote. If for some reason there is not enough members the House will be adjourned or the Sergeant at Arms will go get them.