Can a State Legislature initiate impeachment proceedings?

[Clara T]

US Senate Candidate Sheeler “Bush Lied. People Died. It’s Time to be Tried."
 

Sheeler, a former Marine, wants Rhode Island to lead the effort to impeach Bush. In addition to asking Rhode Island's U.S. Representatives to "show the leadership that over two-thirds of our citizens want" and "support John Conyers, not because he's a Democrat, but because it's the right thing to do." Sheeler has also called for members of the Rhode Island General Assembly to exercise their right under Section 603 of the United States House Rules to initiate impeachment proceedings by transmitting charges to Congress in a joint resolution.

Providence, RI (PRWEB) February 16, 2006 -- U.S. Senate Candidate Carl Sheeler (D-RI) is challenging his Democratic rivals, former Attorney General Sheldon Whitehouse and Secretary of State Matt Brown, to join him in urging Congressmen James Langevin and Patrick Kennedy to co-sponsor a bill introduced by Rep. John Conyers’ (D-MI). They would be joining 24 other House Democrats in co-sponsoring HR 635, creating a committee to investigate impeachable charges against President Bush.

<snip>

Capt. Sheeler wants Rhode Island to lead the effort to impeach Bush. In addition to asking Rhode Island's U.S. Representatives to "show the leadership that over two-thirds of our citizens want" and "support John Conyers, not because he's a Democrat ... it's the right thing." Sheeler has also called for members of the Rhode Island General Assembly to exercise their right under Section 603 of the United States House Rules to initiate impeachment proceedings by transmitting charges to Congress in a joint resolution.

http://www.emediawire.com/releases/2006/2/emw346674.htm

[rpgamerd00d]

1. Yep.

[CarlSheeler4U]

16. LOL. Let's do the shootin'

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[Rosco T.]

2. Yes.. and there's nothing the 'pugs can do to stop it.

They will HAVE to have the hearings if they do it.

[Poppyseedman]

5. That is an incorrect statement

They will HAVE to have the hearings if they do it.

No state legislation can force the judicial committee to bring it to the floor

[Rosco T.]

7. Wrong again...

The resolution is passed by the STATE LEGISLATURE and brought DIRECTLY to the floor by one of their Rep's... it BYPASSES the Judicial Comittiee entirely.

[Poppyseedman]

11. Please read the congressional house rules

Nothing goes forward except though the House Judicial Committee.

[Clara T]

12. Is This possible?

You can see the "House Rules And Manual" located here: http://www.gpoaccess.gov/hrm/index.html .

"A direct proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business. It may not even be superseded by an election case, which is also a matter of high privilege. It does not lose its privilege from the fact that a similar proposition has been made at a previous time during the same session of Congress, previous action of the House not affecting it." (footnotes not shown here)

And so we see that any Member can move directly to impeach, and that such a motion takes precedence over almost everything else, and that it does not have to go into Committee prior to being debated on the floor, and if it is defeated, it can be made again and again.

Now one thing is definite it is a congresspersons obligation to uphold the constitution and I recall on Dem Now a guest of Amy's saying that under a certain section if the President was in violation of the Constitution it was the sworn duty of the congressperson to introduce articles of impeachment. It simply did not matter who held the majority and whether or not articles of impeachment would pass. You just had to do it if you felt the President was in violation of upholding his sworn duty, "To protect the Constitution".

Now this all happened on Dem Now during the illegal invasion of Iraq and Kucinich was in the debate arguing against impeachment with the guest saying it would be a tactical error. I remember it pretty well but not all the details.

[Poppyseedman]

14. I am familiar with it.

If you continue to read you will find the Judicial Committee has the last say on impeachment being voted on.

Sure a impeachment resolution can be brought to the floor by any member. That's clear.

If you read my post, I said "Nothing goes forward except though the House Judicial Committee". I wasn't very clear on that point.

I don't disagree with you, but the Judicial Committee still will bottle up impeachment vote as long as the GOP runs it.

[CarlSheeler4U]

24. Actually not entirely true

When resolution is from state leg., it cannot be kept from floor. It DOES NOT go through JC. That IS the point of having it initiated by state legislature!

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[Rosco T.]

13. You're still wrong.. check the other posts for chapter/verse... n/m

[CarlSheeler4U]

25. Now you're talking

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[radio4progressives]

26. You're confusing two different actions

Reading a State Legislture's Resolution CALLING for Impeachment, isn't the same as INVOKING Articles of Impeachment, as would be done only through a process vis a vis the House Judiciary Committee.

two very different actions.

[CarlSheeler4U]

28. Pass the good word bro'

[radio4progressives]

22. Yes - a Rep can Read a State Legislature's Resolution on Articles of

Impeachment - without having to go through the Judiciary Committee.

It isn't the same as Invoking Articles of Impeachment, as done by a member of the Judiciary Committee after it's gone through it's own process.

But a Rep CAN READ a State Legislatures Resolution Calling for Impeachment, and do it on the Floor without having to go through the Judiciary committee.

[CarlSheeler4U]

27. Che' Is that you?!

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[CarlSheeler4U]

17. And it will be nationally covered and starts the ball rolling

like GOP covering their respective asses well maybe backsides

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[tabasco]

3. A state law provision for sending a resolution to Congress.

About as binding as a post on DU.

[Rosco T.]

8. It ain't 'state law' it's in the Constitution...

Pages 314-315 of the House Rules for the 109th Congress, incorporating Jefferson's Manual, which the House uses as a supplement to its standing rules, read as follows:

Section 603. Inception of impeachment proceedings in the House.
In the House there are various methods of setting an impeachment in motion:

(snip)

by charges transmitted from the legislature of a State (III, 2469)

[tabasco]

10. Not in the Constitution.

But thanks for the info on the House Rules !

[CarlSheeler4U]

19. Don't waste breath to those who already know the answers

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[Clara T]

9. "...there are various methods of setting an impeachment in motion:"

http://www.opednews.com/articles/opedne_rev__bil_060219_a_plan_for_the_immed.htm

You can see the "House Rules And Manual" located here: http://www.gpoaccess.gov/hrm/index.html .

". . . there are various methods of setting an impeachment in motion: by charges made on the floor on the responsibility of a Member or Delegate; by charges preferred by a memorial, which is usually referred to a committee for examination; by a resolution dropped in the hopper by a Member and referred to a committee; by a message from the President; by charges transmitted from the legislature of a State or territory, or from a grand jury ; or from facts developed and reported by an investigating committee of the House." (footnotes not shown here)

And this same section says that, "A direct proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business. It may not even be superseded by an election case, which is also a matter of high privilege. It does not lose its privilege from the fact that a similar proposition has been made at a previous time during the same session of Congress, previous action of the House not affecting it." (footnotes not shown here)

And so we see that any Member can move directly to impeach, and that such a motion takes precedence over almost everything else, and that it does not have to go into Committee prior to being debated on the floor, and if it is defeated, it can be made again and again.

Two more related documents are "House Practice," at http://www.gpoaccess.gov/hpractice/index.html , and "Rules and Precedents that Govern the House of Representatives," at http://www.gpoaccess.gov/precedents/index.html These two documents provide additional support for our efforts to impeach.

The "specific law" mentioned above (in the motion to impeach) is found in the United States Code, Title 18, Chapter 113C, "Torture," also known as "The Federal Torture Act." It is shown here:
http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/113c/toc.html

This Law provides for the prosecution of a U.S. national or anyone present in the United States who, while outside the U.S., commits or attempts to commit torture. Torture is defined as an "act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control." The specific provision that Bush, Cheney, and Rumsfeld have violated is Section 2340A(c), which says, "Conspiracy. - A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy."

[CarlSheeler4U]

20. A Patriot and a Scholar Let's get this done

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[CarlSheeler4U]

18. Nope Its a US House Rules and binding Do some HW

[HockeyMom]

4. Great

Hope they follow through with it.

[CarlSheeler4U]

21. If you want to see it and not wish it help make it so.....

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[Road Scholar]

6. God, I hope so. nt

[CarlSheeler4U]

23. Let's go from "hope" and settle for do it - now!

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[CarlSheeler4U]

15. You bet your "freakin'" backside it can!

http://www.dailykos.com/story/2006/2/19/1730/42036

Carl
Sheeler for US Senate
www.carlsheeler.com

Be a patriot and pass the bulletin board link to every person you know and every blog you can and ask the same from them, too.

[radio4progressives]

29. Why are Democrats so AFRAID to do this?

i don't get it... i am compelled to believe they would rather change the laws to make what Bush did LEGAL so they can have the legal cover to do the same. This is the only reason why they would not want to go forward.

[TankLV]

30. Maybe "part of the problem" not "part of the solution"?

Just asking.