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Redmont Bar Assoc.
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Willow Resident
xEndeavour
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- Joined
- Apr 7, 2020
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- 2,122
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- #1
House Vote: 7-2-0
Senate Vote: 4-3-0
1 - Short Title and Enactment
(1) This Act may be cited as the 'Impeachment Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: xEndeavour
(4) This Act has been co-sponsored by: Bezzergeezer
2 - Reasons
(1) The impeachment process is a political one internal to the legislature. The Courts should not be intervening in the process.
(2) Consolidate conflicting laws.
(3) Minor amendments have been made to existing laws which have been marked.
3 - Consolidation
(1) Act of Congress - President of Impeachments Amendment
(2) Act of Congress - Impeachment Clarification Amendment
(3) Act of Congress - Impeachment Amendment
(4) Act of Congress - Peach Act
4 - Process
(1) The President of the Senate shall call upon an impartial presiding officer for the impeachment trial.
(a) In cases involving the impeachment of an Executive officeholder, the impartial presiding officer shall be the Chief Justice of the Commonwealth of Redmont.
(b) In cases involving the impeachment of a Judicial officeholder, the impartial presiding officer shall be the Vice President of the Commonwealth of Redmont.
(2) The Presiding officer of the trial, Senators, Defendant, and Prosecutor(s) must reach a consensus regarding the location, timeline, and other pertinent details of the impeachment trial.
(a) In the event that an agreement cannot be reached or if the agreed-upon terms are breached, the Senate may, through a supermajority vote, compel all parties to adhere to a specific location, time, and other trial-related matters.
(3) There shall be an ordered process for the impeachment trial. The trial’s presiding officer will be responsible for following this process but will be allowed to make reasonable modifications and impose deadlines as needed. Such modifications and deadlines may be overruled by a simple majority vote from the Senate. The order of events for the Impeachment trial shall be:
(a) Opening statement by the Prosecutor
(b) Opening statement by the Defendant
(c) Direct and cross-examination of witnesses & presentation of evidence.
(d) Questioning by Senators
(e) Closing statement by the Defendant
(f) Closing statement by the Prosecutor
(g) Following the conclusion of the trial, the Senate shall deliberate and conduct a final vote on the charges to either convict or acquit the defendant, requiring a supermajority for conviction. Senators may interject at any point during the trial to seek clarifications or additional information, provided it does not disrupt the proceedings.
(4) The Senate may summon an expert witness by a simple majority vote within the chamber.
4 - Defining Impeachment
(1) Under “Defining Key Terms” adds the definition of “Impeachment” defined as:
“Impeachment is a constitutional remedy to address serious constitutional offences. The House will lay charges against an official or an ex-official, specifying what constitutional provisions were violated. Any impeached official or ex-official will be subject to a trial that will be conducted by the Senate. If found guilty of any alleged constitutional offence by the Senate, the official or ex-official in question may be subject to:
- Immediate removal from office.
- Ban from elected office for a period of no longer than 2 months.
- Ban from judicial office for a period of no longer than 2 months.
- Ban from executive office for a period of no longer than 2 months.”
(2) The legislature's ability to file articles of impeachment or conduct Impeachment trials shall not be limited, obstructed, or interfered with by any other branch until after a verdict is met.
5 - House of Representatives
(1) Any Representative may, at any time, submit article(s) of impeachment, which shall consist of a comprehensive statement of charges against an officeholder within, or formally within, the Executive or Judicial Branches.
(2) The Speaker of the House is obligated to bring the article(s) of impeachment to a vote in the House of Representatives.
(a) Article(s) of impeachment require a supermajority vote for passage.
(3) Pursuant to the passage of the article(s) of Impeachment, the Representative who proposed the article(s), will by default, serve as the prosecutor of the impeachment trial, presenting their case in favor of impeachment.
(a) There must be a minimum of one prosecutor at all times throughout the impeachment trial.
(b) The House of Representatives may, by a simple majority vote, motion for the addition or removal of any prosecutor(s).
(4) Upon the passage of the article(s) of impeachment, the Speaker of the House will officially notify the President of the Senate regarding the passage of said article(s) and provide the content thereof.
6 - Constitutional Powers of the House of Representatives
(1) Can impeach government officials, and ex-government officials no more than 2 months after leaving office, if the actions that led to impeachment happened while in office.
7 - Senate
(1) The Senate is responsible for conducting impeachment trials after the house has impeached the official or ex-official, whereby a supermajority is required to decide a verdict. The Chief Justice shall preside over impeachment trials if the President or Vice-President is the one under question. If there is no active Chief Justice or the Senate believes there might be a conflict of interest, the Senate may appoint the President of the Senate or a lower-ranking justice instead. The Senate can only issue punishments to a verdict as specified within this constitution.
8 - Constitutional Powers of the Senate
(1) Responsible for conducting impeachment trials after the house has impeached the official or ex-official, whereby a supermajority is required to decide a verdict. The Chief Justice shall preside over impeachment trials if the President or Vice-President is the one under question. If there is no active Chief Justice or the senate beliefs there might be a conflict of interest, the senate may appoint the "President of The Senate" or a lower-ranking justice instead. The Senate can only issue punishments to a verdict as specified within this constitution. The Senate may appoint a presiding officer in accordance with the Impeachment Act.
Senate Vote: 4-3-0
A
BILL
To
Consolidate and protect the impeachment process and amend the constitution.
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
BILL
To
Consolidate and protect the impeachment process and amend the constitution.
The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the 'Impeachment Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: xEndeavour
(4) This Act has been co-sponsored by: Bezzergeezer
2 - Reasons
(1) The impeachment process is a political one internal to the legislature. The Courts should not be intervening in the process.
(2) Consolidate conflicting laws.
(3) Minor amendments have been made to existing laws which have been marked.
3 - Consolidation
(1) Act of Congress - President of Impeachments Amendment
(2) Act of Congress - Impeachment Clarification Amendment
(3) Act of Congress - Impeachment Amendment
(4) Act of Congress - Peach Act
4 - Process
(1) The President of the Senate shall call upon an impartial presiding officer for the impeachment trial.
(a) In cases involving the impeachment of an Executive officeholder, the impartial presiding officer shall be the Chief Justice of the Commonwealth of Redmont.
(b) In cases involving the impeachment of a Judicial officeholder, the impartial presiding officer shall be the Vice President of the Commonwealth of Redmont.
(2) The Presiding officer of the trial, Senators, Defendant, and Prosecutor(s) must reach a consensus regarding the location, timeline, and other pertinent details of the impeachment trial.
(a) In the event that an agreement cannot be reached or if the agreed-upon terms are breached, the Senate may, through a supermajority vote, compel all parties to adhere to a specific location, time, and other trial-related matters.
(3) There shall be an ordered process for the impeachment trial. The trial’s presiding officer will be responsible for following this process but will be allowed to make reasonable modifications and impose deadlines as needed. Such modifications and deadlines may be overruled by a simple majority vote from the Senate. The order of events for the Impeachment trial shall be:
(a) Opening statement by the Prosecutor
(b) Opening statement by the Defendant
(c) Direct and cross-examination of witnesses & presentation of evidence.
(d) Questioning by Senators
(e) Closing statement by the Defendant
(f) Closing statement by the Prosecutor
(g) Following the conclusion of the trial, the Senate shall deliberate and conduct a final vote on the charges to either convict or acquit the defendant, requiring a supermajority for conviction. Senators may interject at any point during the trial to seek clarifications or additional information, provided it does not disrupt the proceedings.
(4) The Senate may summon an expert witness by a simple majority vote within the chamber.
4 - Defining Impeachment
(1) Under “Defining Key Terms” adds the definition of “Impeachment” defined as:
“Impeachment is a constitutional remedy to address serious constitutional offences. The House will lay charges against an official or an ex-official, specifying what constitutional provisions were violated. Any impeached official or ex-official will be subject to a trial that will be conducted by the Senate. If found guilty of any alleged constitutional offence by the Senate, the official or ex-official in question may be subject to:
- Immediate removal from office.
- Ban from elected office for a period of no longer than 2 months.
- Ban from judicial office for a period of no longer than 2 months.
- Ban from executive office for a period of no longer than 2 months.”
(2) The legislature's ability to file articles of impeachment or conduct Impeachment trials shall not be limited, obstructed, or interfered with by any other branch until after a verdict is met.
5 - House of Representatives
(1) Any Representative may, at any time, submit article(s) of impeachment, which shall consist of a comprehensive statement of charges against an officeholder within, or formally within, the Executive or Judicial Branches.
(2) The Speaker of the House is obligated to bring the article(s) of impeachment to a vote in the House of Representatives.
(a) Article(s) of impeachment require a supermajority vote for passage.
(3) Pursuant to the passage of the article(s) of Impeachment, the Representative who proposed the article(s), will by default, serve as the prosecutor of the impeachment trial, presenting their case in favor of impeachment.
(a) There must be a minimum of one prosecutor at all times throughout the impeachment trial.
(b) The House of Representatives may, by a simple majority vote, motion for the addition or removal of any prosecutor(s).
(4) Upon the passage of the article(s) of impeachment, the Speaker of the House will officially notify the President of the Senate regarding the passage of said article(s) and provide the content thereof.
6 - Constitutional Powers of the House of Representatives
(1) Can impeach government officials, and ex-government officials no more than 2 months after leaving office, if the actions that led to impeachment happened while in office.
7 - Senate
(1) The Senate is responsible for conducting impeachment trials after the house has impeached the official or ex-official, whereby a supermajority is required to decide a verdict. The Chief Justice shall preside over impeachment trials if the President or Vice-President is the one under question. If there is no active Chief Justice or the Senate believes there might be a conflict of interest, the Senate may appoint the President of the Senate or a lower-ranking justice instead. The Senate can only issue punishments to a verdict as specified within this constitution.
8 - Constitutional Powers of the Senate
(1) Responsible for conducting impeachment trials after the house has impeached the official or ex-official, whereby a supermajority is required to decide a verdict. The Chief Justice shall preside over impeachment trials if the President or Vice-President is the one under question. If there is no active Chief Justice or the senate beliefs there might be a conflict of interest, the senate may appoint the "President of The Senate" or a lower-ranking justice instead. The Senate can only issue punishments to a verdict as specified within this constitution. The Senate may appoint a presiding officer in accordance with the Impeachment Act.
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