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Franchise tag
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In the National Football League (NFL), the franchise tag is a designation a team may apply to a player scheduled to become an unrestricted free agent. The tag binds the player to the team for one year if certain conditions are met. Each team only has one franchise tag (of either the exclusive or non-exclusive forms) and one transition tag per year. The transition tag can only be used if the team does not use a franchise tag.
Perhaps originally designed to reduce player movement to bigger markets, which is often evidenced in the other major pro sports leagues, the NFL revenue sharing and a hard salary cap have placed teams on an even playing field relative to salaries. The tag options allow NFL franchises an extended bargaining period for a player that they feel is key to their success. Usually reserved for players of great skill or of high importance to the team, a franchise tag allows a team's general manager the privilege of strategically retaining valuable free-agent players while seeking talent through the NFL draft or other acquisitions without exceeding the League's salary cap.
The designated franchise player will have his one-year salary guaranteed if he elects to play for the team that designated him with the franchise tag and if he does not negotiate a contract with another team.
Contents
1 Background
2 Historical data
2.1 Yearly Tag Values
2.2 Team tags
2.2.1 2018
2.2.2 2017
2.2.3 2016
2.2.4 2015
2.2.5 2014
2.2.6 2013
2.2.7 2012
2.2.8 2011
2.2.9 2010
2.2.10 2009
2.2.11 2008
2.2.12 2007
3 References
Background[edit]
The National Football League introduced the franchise tag in 1993.[1] There are two types of franchise tag designations: the exclusive rights franchise tag, and non-exclusive rights franchise tag:
An "exclusive" franchise player must be offered a one-year contract for an amount no less than the average of the top five salaries at the player's position as of a date in April of the current year in which the tag will apply, or 120 percent of the player's previous year's salary, whichever is greater. Exclusive franchise players cannot negotiate with other teams. The player's team has all the negotiating rights to the exclusive player.
A "non-exclusive" franchise player must be offered a one-year contract for an amount no less than the average of the top five cap hits at the player's position for the previous five years applied to the current salary cap, or 120 percent of the player's previous year's salary, whichever is greater. A non-exclusive franchise player may negotiate with other NFL teams, but if the player signs an offer sheet from another team, the original team has a right to match the terms of that offer, or if it does not match the offer and thus loses the player, is entitled to receive two first-round draft picks as compensation.
Under the Capped years a team can designate one additional player only as a transitional tag. A transition player must be offered a minimum of the average of the top 10 salaries of the prior season at the player's position or 120 percent of the player's prior year's salary, whichever is greater. A transition player designation gives the club a first-refusal right to match within seven days an offer sheet given to the player by another club after his contract expires. If the club matches, it retains the player. If it does not match, it receives no compensation.
Consecutive franchise tags are allowed; however, for a player to be tagged two straight years, the team must pay 120 percent of the player's previous salary. If it is three-straight years, the team must pay the player 144 percent of his previous salary, or an average of the top 5 salaries at the highest paid position (likely QB) - whichever is highest. [2]
Historical data[edit]
Yearly Tag Values[edit]
Non-Exclusive Franchise Tag Values by Position
Position
2018[3]
2017[4]
2016[5]
2015[6]
2014[7]
2013[8]
2012[9]
2011[9]
2010[10]
2009[11]
Cornerback $14,975,000 $14,212,000 $13,952,000 $13,075,000 $11,834,000 $10,854,000 $10,600,000 $13,500,000 $9,566,000 $9,957,000
Defensive End $17,143,000 $16,934,000 $15,701,000 $14,813,000 $13,116,000 $11,175,000 $10,600,000 $13,000,000 $12,398,000 $8,991,000
Defensive Tackle $13,939,000 $13,387,000 $13,651,000 $11,193,000 $9,654,000 $8,450,000 $7,900,000 $12,500,000 $7,003,000 $6,058,000
Linebacker $14,961,000 $14,550,000 $14,129,000 $13,195,000 $11,455,000 $9,619,000 $8,800,000 $10,100,000 $9,680,000 $8,304,000
Offensive Linemen
(Tackles, Guards, and Centers) $14,077,000 $14,271,000 $13,706,000 $12,943,000 $11,654,000 $9,828,000 $9,400,000 $10,100,000 $10,731,000 $8,451,000
Placekicker or Punter $4,939,000 $4,835,000 $4,572,000 $4,126,000 $3,556,000 $2,977,000 $2,500,000 $3,250,000 $2,814,000 $2,483,000
Quarterback $23,189,000 $21,268,000 $19,953,000 $18,544,000 $16,912,000 $14,896,000 $14,400,000 $16,100,000 $16,405,000 $14,651,000
Running Back
(Fullbacks and Halfbacks) $11,866,000 $12,120,000 $11,789,000 $10,951,000 $9,540,000 $8,219,000 $7,700,000 $9,600,000 $8,156,000 $6,621,000
Safety $11,287,000 $10,896,000 $10,806,000 $9,618,000 $8,433,000 $6,916,000 $6,200,000 $8,800,000 $6,455,000 $6,342,000
Tight End $9,846,000 $9,780,000 $9,118,000 $8,347,000 $7,035,000 $6,066,000 $5,400,000 $7,300,000 $5,908,000 $4,462,000
Wide Receiver $15,982,000 $15,682,000 $14,599,000 $12,823,000 $12,312,000 $10,537,000 $9,400,000 $11,400,000 $9,521,000 $9,884,000
Transition Tag Values by Position
Position
2018[12]
2017[13]
2016[5]
2015[14]
2014[15]
2013[16]
2012[9]
2011[9]
2010[17]
2009[18]
Cornerback $12,971,000 $12,371,000 $11,913,000 $11,082,000 $10,081,000 $9,095,000 $trans $trans $8,056,000 $8,374,000
Defensive End $14,200,000 $13,846,000 $12,734,000 $11,958,000 $10,633,000 $9,151,000 $trans $trans $10,193,000 $7,777,000
Defensive Tackle $11,407,000 $10,714,000 $10,875,000 $9,314,000 $8,060,000 $7,039,000 $trans $trans $6,353,000 $5,450,000
Linebacker $12,810,000 $12,305,000 $11,925,000 $11,058,000 $9,754,000 $8,358,000 $trans $trans $8,373,000 $7,480,000
Offensive Linemen
(Tackles, Guards, and Centers) $12,525,000 $12,580,000 $11,902,000 $11,096,000 $10,039,000 $8,709,000 $trans $trans $9,142,000 $7,744,000
Placekicker or Punter $4,493,000 $4,399,000 $4,123,000 $3,716,000 $3,205,000 $2,700,000 $trans $trans $2,629,000 $2,264,000
Quarterback $20,922,000 $19,038,000 $17,696,000 $16,155,000 $14,666,000 $13,068,000 $trans $trans $14,546,000 $12,440,000
Running Back
(Fullbacks and Halfbacks) $9,630,000 $9,796,000 $9,647,000 $9,037,000 $8,033,000 $6,970,000 $trans $trans $7,151,000 $5,925,000
Safety $9,536,000 $9,294,000 $9,116,000 $8,263,000 $7,253,000 $6,002,000 $trans $trans $6,011,000 $5,130,000
Tight End $8,428,000 $8,147,000 $7,714,000 $7,071,000 $6,106,000 $5,194,000 $trans $trans $5,248,000 $4,065,000
Wide Receiver $13,924,000 $13,129,000 $12,368,000 $10,971,000 $10,176,000 $8,867,000 $trans $trans $8,651,000 $8,393,000
Team tags[edit]
2018[edit]
Franchise-tagged players[19]
Chicago Bears – Kyle Fuller, CB (Transition): Signed 4-year contract for $56 million
Dallas Cowboys – DeMarcus Lawrence, DE (Non-Exclusive)
Detroit Lions – Ezekiel Ansah, DE (Non-Exclusive)
Los Angeles Rams – Lamarcus Joyner, CB (Non-Exclusive)
Miami Dolphins – Jarvis Landry, WR (Non-Exclusive): Signed 5-year contract for $75.5 million
Pittsburgh Steelers – Le'Veon Bell, RB (Exclusive)
2017[edit]
Franchise-tagged players[20]
Arizona Cardinals – Chandler Jones, LB (Non-Exclusive)
Carolina Panthers – Kawann Short, DT (Non-Exclusive): Signed 5-year contract for $80.5 million
Los Angeles Rams – Trumaine Johnson, CB (Non-Exclusive)
Pittsburgh Steelers – Le'Veon Bell, RB (Exclusive)
Washington Redskins – Kirk Cousins, QB (Exclusive)
2016[edit]
Franchise-tagged players [21]
Baltimore Ravens – Justin Tucker, K (Non-Exclusive): signed 4-year contract for $16.8 million
Buffalo Bills – Cordy Glenn, OT (Non-Exclusive): signed 5-year contract for $65 million
Carolina Panthers – Josh Norman, CB (Rescinded April 20, 2016)
Chicago Bears – Alshon Jeffery, WR (Non-Exclusive)
Denver Broncos – Von Miller, OLB (Exclusive): signed 6-year contract for $114.5 million
Kansas City Chiefs – Eric Berry, S (Non-Exclusive)
Los Angeles Rams – Trumaine Johnson, CB (Non-Exclusive)
New York Jets – Muhammad Wilkerson, DE (Non-Exclusive): signed 5-year contract for $86 million
Washington Redskins – Kirk Cousins, QB (Non-Exclusive)
2015[edit]
Franchise-tagged players [22]
Dallas Cowboys – Dez Bryant, WR: signed 5-year contract for $70,000,000
Denver Broncos – Demaryius Thomas, WR (Non-Exclusive)
Kansas City Chiefs – Justin Houston, LB (Non-Exclusive)
Miami Dolphins – Charles Clay, TE (Transition)
New England Patriots – Stephen Gostkowski, K (Non-Exclusive)
New York Giants – Jason Pierre-Paul, DE (Non-Exclusive).
2014[edit]
Franchise-tagged players
Carolina Panthers – Greg Hardy DE[23]
Cleveland Browns – Alex Mack C (Transition)[24]
New Orleans Saints – Jimmy Graham TE (Non-Exclusive)[24]
New York Jets – Nick Folk K (Non-Exclusive)[25]
Pittsburgh Steelers – Jason Worilds DE (Transition)[24]
Washington Redskins – Brian Orakpo OLB (Non-Exclusive)[26]
2013[edit]
Franchise-tagged players [27][28]
Buffalo Bills – Jairus Byrd S (Non-Exclusive)
Chicago Bears – Henry Melton DT
Cincinnati Bengals – Michael Johnson DE
Dallas Cowboys – Anthony Spencer LB
Denver Broncos – Ryan Clady OT
Indianapolis Colts – Pat McAfee P
Kansas City Chiefs – Brandon Albert OT (Non-Exclusive)
Miami Dolphins – Randy Starks DT
2012[edit]
Franchise-tagged players
Arizona Cardinals – Calais Campbell DE (Non-Exclusive) [29]
Atlanta Falcons – Brent Grimes CB [30]
Baltimore Ravens – Ray Rice RB [31]
Chicago Bears – Matt Forte RB [32]
Cincinnati Bengals – Mike Nugent K [33]
Cleveland Browns – Phil Dawson K [34]
Dallas Cowboys – Anthony Spencer LB (Unknown) [35]
Denver Broncos – Matt Prater K [36]
Detroit Lions – Cliff Avril DE (Non-Exclusive)[37]
Jacksonville Jaguars – Josh Scobee K [38]
Kansas City Chiefs – Dwayne Bowe WR[39]
New England Patriots – Wes Welker WR (Non-Exclusive) [40]
New Orleans Saints – Drew Brees QB (Exclusive) [41]
New York Giants – Steve Weatherford P (Non-Exclusive)[42]
Oakland Raiders – Tyvon Branch SS (Non-Exclusive) [43]
Philadelphia Eagles – DeSean Jackson WR
San Francisco 49ers – Dashon Goldson S (Non-Exclusive)[44]
Tampa Bay Buccaneers – Connor Barth K (Non-Exclusive) [45]
Washington Redskins – Fred Davis TE [46]
2011[edit]
Franchise-tagged players
New England Patriots – Logan Mankins G (Non-Exclusive) [47]
Philadelphia Eagles – Michael Vick QB (Exclusive) [48]
New York Jets – David Harris LB (Non-Exclusive) [49]
San Diego Chargers – Vincent Jackson WR (Non-Exclusive) [50]
Baltimore Ravens – Haloti Ngata DT (Non-Exclusive) [51]
Indianapolis Colts – Peyton Manning QB (Exclusive) [52]
Kansas City Chiefs – Tamba Hali LB (Non-Exclusive) [53]
Minnesota Vikings – Chad Greenway LB (Non-Exclusive) [54]
Cleveland Browns – Phil Dawson K (Non-Exclusive) [55]
Carolina Panthers – Ryan Kalil C (Non-Exclusive) [56]
Jacksonville Jaguars – Marcedes Lewis TE (Non-Exclusive) [57]
Miami Dolphins – Paul Soliai DT (Non-Exclusive) [58]
Oakland Raiders – Kamerion Wimbley LB (Non-Exclusive) [59]
2010[edit]
Franchise-tagged players
Pittsburgh Steelers – Jeff Reed K [60]
Green Bay Packers – Ryan Pickett DT [61]
Oakland Raiders – Richard Seymour DE (Exclusive) [62]
San Francisco 49ers – Aubrayo Franklin DT [63]
Seattle Seahawks – Olindo Mare K [64]
New England Patriots – Vince Wilfork DT
2009[edit]
Franchise-tagged players
Arizona Cardinals – Karlos Dansby OLB (Non-exclusive) [65]
Atlanta Falcons – Michael Koenen P (Non-exclusive) [66]
Baltimore Ravens – Terrell Suggs OLB (Exclusive) [67]
Carolina Panthers – Julius Peppers DE (Non-exclusive) [68]
Cincinnati Bengals – Shayne Graham K (Non-exclusive) [69]
Houston Texans – Dunta Robinson CB (Non-exclusive) [70]
Green Bay Packers – Ryan Pickett NT (Non-exclusive) [71]
New England Patriots – Matt Cassel QB (Non-exclusive)
New York Giants – Brandon Jacobs RB (Non-exclusive) [72]
Pittsburgh Steelers – Jeff Reed K (Non-Exclusive) [73]
San Diego Chargers – Darren Sproles RB (Non exclusive) [74]
Seattle Seahawks – Leroy Hill LB (Non-exclusive) (rescinded on April 27, 2009) [75]
St. Louis Rams – Oshiomogho Atogwe FS (Non-exclusive) [76]
Tampa Bay Buccaneers – Antonio Bryant WR (Non-exclusive) [77]
Tennessee Titans – Bo Scaife TE (Non-exclusive) [78]
2008[edit]
Franchise-tagged players
Arizona Cardinals – Karlos Dansby LB (Non-exclusive)[79]
Baltimore Ravens – Terrell Suggs LB (Non-exclusive)[80]
Carolina Panthers – Jordan Gross OL (Non-exclusive)[81]
Cincinnati Bengals – Stacy Andrews OL (Non-exclusive)[82]
Dallas Cowboys – Ken Hamlin SS (Non-exclusive)[83]
Green Bay Packers – Corey Williams DT (Non-exclusive)[84]
Indianapolis Colts – Dallas Clark TE (Non-exclusive)[85]
Kansas City Chiefs – Jared Allen DE (Non-exclusive)[86]
Oakland Raiders – Nnamdi Asomugha CB (Exclusive) [81]
Philadelphia Eagles – L.J. Smith TE (Non-exclusive)[87]
Seattle Seahawks – Marcus Trufant CB (Non-exclusive)[88]
Tennessee Titans – Albert Haynesworth DT (Non-exclusive)[89]
2007[edit]
Franchise-tagged players
Chicago Bears – Lance Briggs LB (Exclusive)
Cincinnati Bengals – Justin Smith DE (Non-exclusive)
Detroit Lions – Cory Redding DT (Non-exclusive)
Indianapolis Colts – Dwight Freeney DE (Exclusive)
New England Patriots – Asante Samuel CB (Non-exclusive)
New Orleans Saints – Charles Grant DE (Non-exclusive)
Seattle Seahawks – Josh Brown K (Non-exclusive)
References[edit]
Notes
Jump up ^ Ochab, Charles (March 2007). "Don't Franchise Me! The NFL's Emerging Dilemma". The Illinois Business Law Journal.
Jump up ^ https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf
Jump up ^ "2018 NFL Franchise Tag Tracker: Rams, Jaguars let young receivers hit open market". March 6, 2018. Retrieved March 6, 2018.
Jump up ^ "NFL Free Agency 2017: Franchise tag numbers set".
^ Jump up to: a b "2016 NFL franchise tag values for every position".
Jump up ^ "NFL sets salary cap for 2015 at $143.28M".
Jump up ^ "Franchise tag numbers for 2014 are set". 1 March 2014.
Jump up ^ "NFL, NFLPA release franchise tag numbers".
^ Jump up to: a b c d "Lower numbers could lead to record franchise tag designations". Yahoo! Sports. February 19, 2012. Retrieved March 1, 2015.
Jump up ^ "Official NFL franchise, transition tag numbers for 2010".
Jump up ^ "2009 NFL Franchise/Transition Tag Numbers".
Jump up ^ "Franchise, Transition, and RFA Tenders".
Jump up ^ "Franchise, Transition, and RFA Tenders".
Jump up ^ "Franchise and transition tag numbers are in". 2 March 2015.
Jump up ^ "NFL releases 2014 franchise, transition tag numbers". 28 February 2014.
Jump up ^ "NFL, NFLPA release franchise tag numbers".
Jump up ^ "Official NFL franchise, transition tag numbers for 2010".
Jump up ^ "2009 NFL Franchise/Transition Tag Numbers".
Jump up ^ "NFL franchise tag deadline passes, here's who got one".
Jump up ^ "Franchise tag roundup: Browns decline tag for Pryor".
Jump up ^ "Franchise tag tracker: Who's been tagged?".
Jump up ^ "Franchise Tag Tracker".
Jump up ^ "Greg Hardy receives Carolina Panthers' franchise tag".
^ Jump up to: a b c "NFL franchise-tag deadline ends with a bang – FOX Sports". 3 March 2014.
Jump up ^ "Jets use franchise tag on kicker Nick Folk". 28 February 2014.
Jump up ^ Jones, Mark Maske and Mike (3 March 2014). "Redskins apply franchise player tag to Brian Orakpo (updated)".
Jump up ^ "Franchise players named" (PDF). National Football League. Archived (PDF) from the original on March 11, 2013. Retrieved April 7, 2014.
Jump up ^ "Deadline day: Tracking franchise tags".
Jump up ^ "Cardinals say long-term deal with Campbell remains priority".
Jump up ^ "Grimes franchised by Falcons, but CB not ready to sign".
Jump up ^ "Ravens apply tag to Rice, but both sides want long-term deal".
Jump up ^ "Bears apply franchise tag to RB Forte, still want long-term deal".
Jump up ^ "Franchise tag will keep kicker Nugent with Bengals for 2012".
Jump up ^ "Official Blog of the National Football League". NFL.com.
Jump up ^ "Official Blog of the National Football League". NFL.com.
Jump up ^ "Broncos place franchise tag on kicker Prater".
Jump up ^ "Archived copy". Archived from the original on 2012-03-09. Retrieved 2012-03-05. CS1 maint: Archived copy as title (link)
Jump up ^ "Kicker Scobee receives Jaguars' franchise tag".
Jump up ^ Teicher, Adam (6 March 2012). "Chiefs designate Bowe as their franchise player – KansasCity.com". Kansas City Star. Archived from the original on 6 March 2012. CS1 maint: BOT: original-url status unknown (link)
Jump up ^ "Welker receives Patriots' franchise tender".
Jump up ^ "Saints use exclusive-rights franchise tag on QB Brees".
Jump up ^ "Giants punter Weatherford given franchise tag".
Jump up ^ "Official Blog of the National Football League". NFL.com.
Jump up ^ "Niners GM Baalke says they will keep working on Goldson deal".
Jump up ^ "Tampa Bay Buccaneers place franchise tag on Connor Barth, re-sign Jeremy Zuttah to four-year deal". Tampa Bay Times.
Jump up ^ "Official Blog of the National Football League". NFL.com.
Jump up ^ "Patriots put franchise tag on Pro Bowler Mankins". ESPN.com. 14 February 2011.
Jump up ^ "Football News Nows". www.footballnewsnow.com.
Jump up ^ "Jets use franchise tag to keep standout LB Harris in fold".
Jump up ^ "Chargers place franchise tag on WR Jackson". ESPN.com. 15 February 2011.
Jump up ^ "Ngata Gets The Franchise Tag « Baltimore Ravens Blogs".
Jump up ^ "Colts give QB Manning exclusive franchise tag". ESPN.com. 15 February 2011.
Jump up ^ "AFC sacks leader Hali receives franchise tag from Chiefs".
Jump up ^ "Vikings linebacker Greenway gets franchise tag". ESPN.com. 21 February 2011.
Jump up ^ "Browns will use franchise tag on kicker Dawson". ESPN.com. 22 February 2011.
Jump up ^ "Panthers slap franchise tag on center Kalil". ESPN.com. 22 February 2011.
Jump up ^ "Jaguars place franchise tag on star TE Lewis". ESPN.com. 23 February 2011.
Jump up ^ "Source: Dolphins use franchise tag on DT Soliai". ESPN.com. 24 February 2011.
Jump up ^ "Raiders tag Wimbley; source says Routt to stay". ESPN.com. 24 February 2011.
Jump up ^ DeWitt, Nick. "Jeff Reed: Franchise Tag Buys Steelers Time for Extension Talks".
Jump up ^ Packers Franchise Tag Ryan Pickett
Jump up ^ "Raiders DL Seymour signs $12.4M franchise tag". ESPN.com. 19 June 2010.
Jump up ^ "Niners put franchise tag on nose tackle Franklin". ESPN.com. 23 February 2010.
Jump up ^ "Why Seahawks used franchise tag on Olindo Mare". 24 February 2010.
Jump up ^ "Cardinals place franchise tag on LB Karlos Dansby – USATODAY.com". www.usatoday.com.
Jump up ^ Falcons Franchise Their Punter
Jump up ^ "Ravens slap franchise tag on pass rusher Suggs". ESPN.com. 18 February 2009.
Jump up ^ "Inside the Panthers". blogs.charlotte.com.
Jump up ^ "Bengals News Home".
Jump up ^ "Robinson upset with Texans over franchise tag".
Jump up ^ "NFL on Yahoo! Sports – News, Scores, Standings, Rumors, Fantasy Games". Yahoo! Sports.
Jump up ^ "Giants.com – The Official Website of the New York Giants".
Jump up ^ "Steelers Designate Reed Franchise Player".
Jump up ^ "Official Blog of the National Football League". NFL.com.
Jump up ^ "Seahawks tag Hill with hope of long-term deal". ESPN.com. 19 February 2009.
Jump up ^ [1] Archived February 25, 2009, at the Wayback Machine.
Jump up ^ "Official Blog of the National Football League". NFL.com.
Jump up ^ http://www.tennessean.com/article/20090219/SPORTS01/90219040/
Jump up ^ "Cardinals place franchise tag on linebacker Dansby". ESPN.com. 15 February 2008.
Jump up ^ "Ravens franchise Suggs, but at what position?". ESPN.com. 19 February 2008.
^ Jump up to: a b "News – Around the NFL". NFL.com.
Jump up ^ "Bengals designate OL Andrews franchise player".
Jump up ^ [2] Archived February 23, 2008, at the Wayback Machine.
Jump up ^ "Green Bay Packers news – News, sports, features, blogs, photos and forums about the Green Bay Packers – packersnews.com".
Jump up ^ "No deal so Colts put franchise tag on TE Clark". ESPN.com. 19 February 2008.
Jump up ^ "Chiefs slap franchise tag on defensive end Allen". ESPN.com. 19 February 2008.
Jump up ^ "Eagles place franchise tag on tight end L.J. Smith". ESPN.com. 8 February 2008.
Jump up ^ "Report: Seahawks place franchise tag on Trufant".
Jump up ^ "Titans make DT Albert Haynesworth a franchise player".
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Help
Category:Songs written by Brendon Urie
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This category is for songs written or co-written by Brendon Urie.
Pages in category "Songs written by Brendon Urie"
The following 31 pages are in this category, out of 31 total. This list may not reflect recent changes (learn more).
B
The Ballad of Mona Lisa
Build God, Then We'll Talk
But It's Better If You Do
C
Camisado (song)
Crazy=Genius
D
Death of a Bachelor (song)
Don't Threaten Me with a Good Time
E
Emperor's New Clothes (song)
G
Girls / Girls / Boys
Golden Days (Panic! at the Disco song)
The Good, the Bad and the Dirty
H
Hallelujah (Panic! at the Disco song)
House of Memories (Panic! at the Disco song)
I
I Write Sins Not Tragedies
Impossible Year
K
Keep On Keeping On (Travie McCoy song)
L
LA Devotee
Let's Kill Tonight
London Beckoned Songs About Money Written by Machines
Lying Is the Most Fun a Girl Can Have Without Taking Her Clothes Off
M
Mad as Rabbits
Miss Jackson
N
Nails for Breakfast, Tacks for Snacks
New Perspective (song)
Nine in the Afternoon
O
The Only Difference Between Martyrdom and Suicide Is Press Coverage
R
Ready to Go (Get Me Out of My Mind)
T
That Green Gentleman (Things Have Changed)
There's a Good Reason These Tables Are Numbered Honey, You Just Haven't Thought of It Yet
This Is Gospel (song)
V
Victorious (Panic! at the Disco song)
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Impeachment
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
This article is about a step in the removal of a public official. For challenging a witness in a legal proceeding, see Witness impeachment.
Brazilian President Dilma Rousseff and South Korean President Park Geun-hye were both impeached.
Impeachment is the process by which a legislative body formally levels charges against a high official of government. Impeachment does not necessarily mean removal from office; it is only a formal statement of charges, akin to an indictment in criminal law, and is thus only the first step towards removal. Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, which then entails the removal of the individual from office.
Because impeachment and conviction of officials involve an overturning of the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, they are usually reserved for those deemed to have committed serious abuses of their office. In the United States, for example, impeachment at the federal level is limited to those who may have committed "high crimes and misdemeanors".[1]
Impeachment has its origins in English law but fell out of use in the 18th century. It exists under constitutional law in many states around the world, including Brazil, the Republic of Ireland, India, the Philippines, Russia, South Korea, and the United States.
Contents
1 Etymology and history
2 In various jurisdictions
2.1 Austria
2.2 Brazil
2.3 Bulgaria
2.4 Croatia
2.5 Czech Republic
2.6 Germany
2.7 Hong Kong
2.8 India
2.9 Iran
2.10 Ireland
2.11 Italy
2.12 Liechtenstein
2.13 Lithuania
2.14 Norway
2.15 Pakistan
2.16 Philippines
2.16.1 Impeachable offenses and officials
2.16.2 Impeachment proceedings and attempts
2.17 Peru
2.18 Poland
2.19 Romania
2.20 Russia
2.21 South Korea (Republic of Korea)
2.22 Taiwan
2.23 Ukraine
2.24 United Kingdom
2.24.1 Procedure
2.24.2 History
2.24.2.1 Queen Caroline
2.24.3 Modern politics
2.25 United States
2.25.1 Impeachable offenses
2.25.2 Officials subject to impeachment
2.25.3 Process
2.25.4 History of federal impeachment proceedings in the United States
2.25.5 State governors
3 See also
4 References
5 Further reading
Etymology and history[edit]
The word "impeachment" derives from Old French empeechier from Latin impedicare expressing the idea of becoming caught or entrapped, and has analogues in the modern French verb empêcher (to prevent) and the modern English impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to attack). (In its more frequent and more technical usage, impeachment of a witness means challenging the honesty or credibility of that person.)
Impeachment was first used in the British political system.[citation needed] Specifically, the process was first used by the English "Good Parliament" against Baron Latimer in the second half of the 14th century. Following the British example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office. As well, in private organizations, a motion to impeach can be used to prefer charges.[2]
In various jurisdictions[edit]
Austria[edit]
The Austrian Federal President can be impeached by the Federal Assembly (Bundesversammlung) before the Constitutional Court. The constitution also provides for the recall of the president by a referendum. Neither of these courses has ever been taken. This is likely because while the President is vested with considerable powers on paper, they act as a largely ceremonial figurehead in practice, and are thus hardly in a position to abuse their powers.
Brazil[edit]
See also: Impeachment of Dilma Rousseff and Impeachment proposals against Michel Temer
The President of the Federative Republic of Brazil, state governors and municipal mayors may be impeached by the Chamber of Deputies and tried and removed by the Federal Senate. Upon conviction, the officeholder has his political rights revoked for eight years--which has the effect of barring him from running for any office.
Fernando Collor de Mello, the 32nd President of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to evidence of bribery and misappropriation.
In 2016, the Chamber of Deputies initiated an impeachment case against President Dilma Rousseff on allegations of budgetary mismanagement.[3] Following her conviction, she was replaced by Vice President Michel Temer, who had served as acting president while Rousseff's case was pending.[4]
Bulgaria[edit]
The President of Bulgaria can be removed only for high treason or violation of the constitution. The process is started by a two-thirds majority vote of the Parliament to impeach the President, whereupon the Constitutional Court decides whether the President is guilty of the crime of which he is charged. If he is found guilty, he is removed from power. No Bulgarian President has ever been impeached. The same procedure can be used to remove the Vice President of Bulgaria, which has also never happened.
Croatia[edit]
The process of impeaching the President of Croatia can be initiated by a two-thirds majority vote in favor in the Sabor and is thereafter referred to the Constitutional Court, which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from office. This has, however, never occurred in the history of the Republic of Croatia. However, in case of a successful impeachment motion a president's constitutional term of five years would be terminated and an election called within 60 days of the vacancy occurring. During the period of vacancy the presidential powers and duties would be carried out by the Speaker of the Croatian Parliament in his/her capacity as Acting President of the Republic.[5]
Czech Republic[edit]
The President of the Czech Republic could be impeached only for an act of high treason (which is not defined in the Constitution of the Czech Republic itself). The process has to start in the Senate of the Czech Republic which only has the right to impeach the president, this passes the case to the Constitutional Court of the Czech Republic which has to decide whether the President is guilty or not. If the Court decides that the President is guilty then the President loses his office and the ability to be elected President of the Czech Republic ever again.[6] No Czech president has ever been impeached, though, members of the Senate sought to impeach President Vaclav Klaus in 2013.[7] This case was dismissed by the court reasoning that his mandate has expired.[8]
In 2013 the constitution changed; now the process can be started by at least three-fifths of present senators and must be approved by at least three-fifths of all members of Parliament. Also, the President can be impeached not only for high treason (newly defined in the Constitution) but also for a serious infringement of the Constitution.[9]
Germany[edit]
The Federal President of Germany can be impeached both by the Bundestag and by the Bundesrat for willfully violating Federal law. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from office. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the federal constitution or a state constitution. The impeachment procedure is regulated in Article 61 of the Basic Law for the Federal Republic of Germany.
Hong Kong[edit]
The Chief Executive of Hong Kong can be impeached by the Legislative Council. A motion for investigation, initiated jointly by at least one-fourth of all the legislators charging the Chief Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first be passed by the Council. An independent investigation committee, chaired by the Chief Justice of the Court of Final Appeal, will then carry out the investigation and report back to the Council. If the Council find the evidence sufficient to substantiate the charges, it may pass a motion of impeachment by a two-thirds majority.[10]:Article 73(9)
However, the Legislative Council does not have the power actually to remove the Chief Executive from office, as the Chief Executive is appointed by the Central People's Government. The Council can only report the result to the Central People's Government for its decision.[10]:Article 45
India[edit]
The president, judges including chief justice of supreme court and high courts can be impeached by the parliament before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under Article 361 of the constitution. However a president after his term/removal can be punished for his already proven unlawful activity under disrespecting constitution, etc[11] No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The president in position cannot be charged and needs to step down in order for that to happen.
Iran[edit]
The Assembly of Experts can impeach the Supreme Leader of Iran and appoint a new one.
The President of Iran can be impeached jointly by the members of the Assembly (Majlis) and the Supreme Leader. A new presidential election is then triggered. Abolhassan Banisadr, Iran's first president, was impeached in June 1981 and removed from the office. Mohammad-Ali Rajai was elected as the new president.
Cabinet ministers can be impeached by the members of the Assembly. Presidential appointment of a new minister is subject to a parliamentary vote of confidence. Impeachment of ministers has been a fairly commonly used tactic in the power struggle between the president and the assembly during the last several governments.
Ireland[edit]
In the Republic of Ireland formal impeachment only applies to the Irish president. Article 12 of the Irish Constitution provides that, unless judged to be "permanently incapacitated" by the Supreme Court, the president can only be removed from office by the houses of the Oireachtas (parliament) and only for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the president, but only by a resolution approved by a majority of at least two-thirds of its total number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number.
Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds majority of its members, both that the president is guilty of the charge, and that the charge is sufficiently serious as to warrant the president's removal. To date no impeachment of an Irish president has ever taken place. The president holds a largely ceremonial office, the dignity of which is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment.
The Republic's Constitution and law also provide that only a joint resolution of both houses of the Oireachtas may remove a judge. Although often referred to as the "impeachment" of a judge, this procedure does not technically involve impeachment. [12]
Italy[edit]
In Italy, according to Article 90 of the Constitution, the President of the Republic can be impeached through a majority vote of the Parliament in joint session for high treason and for attempting to overthrow the Constitution. If impeached, the President of the Republic is then tried by the Constitutional Court integrated with sixteen citizens older than forty chosen by lot from a list compiled by the Parliament every nine years.
Italian press and political forces made use of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents Francesco Cossiga (1991)[13], Giorgio Napolitano (2014)[14] and Sergio Mattarella (2018)[15].
Liechtenstein[edit]
Members of the Liechtenstein Government can be impeached before the State Court for breaches of the Constitution or of other laws.[16]:Article 62 As a hereditary monarchy the Sovereign Prince can not be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility".[16]:Article 7 The same is true of any member of the Princely House who exercises the function of head of state should the Prince be temporarily prevented or in preparation for the Succession.[16]:Article 7
Lithuania[edit]
In the Republic of Lithuania, the President may be impeached by a three-fifths majority in the Seimas.[17] President Rolandas Paksas was removed from office by impeachment on April 6, 2004 after the Constitutional Court of Lithuania found him guilty of having violated his oath and the constitution. He was the first European head of state to have been impeached.[18]
Norway[edit]
Main article: Impeachment (Norway)
Members of government, representatives of the national assembly (Stortinget) and Supreme Court judges can be impeached for criminal offenses tied to their duties and committed in office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled after the US rules and are quite similar to them. Impeachment has been used eight times since 1814, last in 1927. Many argue that impeachment has fallen into desuetude. In cases of impeachment, an appointed court (Riksrett) takes effect.
Pakistan[edit]
The country's ruling coalition said on August 7, 2008, that it would seek the impeachment of President Pervez Musharraf, alleging the U.S.-backed former general had "eroded the trust of the nation" and increasing pressure on him to resign. He resigned on August 18, 2008. Another kind of impeachment in Pakistan is known as the vote of less-confidence or vote of mis-understanding and has been practiced by provincial assemblies to weaken the national assembly.
Impeaching a president requires a two-thirds majority support of lawmakers in a joint session of both houses of Parliament.
Philippines[edit]
Main article: Impeachment in the Philippines
Impeachment in the Philippines follows procedures similar to the United States. Under Sections 2 and 3, Article XI, Constitution of the Philippines, the House of Representatives of the Philippines has the exclusive power to initiate all cases of impeachment against the President, Vice President, members of the Supreme Court, members of the Constitutional Commissions (Commission on Elections, Civil Service Commission and the Commission on Audit), and the Ombudsman. When a third of its membership has endorsed the impeachment articles, it is then transmitted to the Senate of the Philippines which tries and decide, as impeachment tribunal, the impeachment case.[19]
A main difference from US proceedings however is that only one third of House members are required to approve the motion to impeach the President (as opposed to a simple majority of those present and voting in their US counterpart). In the Senate, selected members of the House of Representatives act as the prosecutors and the Senators act as judges with the Senate President presiding over the proceedings (the Chief Justice jointly presides with the Senate President if the President is on trial). Like the United States, to convict the official in question requires that a minimum of two thirds (i.e. 16 of 24 members) of all the Members of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year.
Impeachable offenses and officials[edit]
The 1987 Philippine Constitution says the grounds for impeachment include culpable violation of the Constitution, bribery, graft and corruption, and betrayal of public trust. These offenses are considered "high crimes and misdemeanors" under the Philippine Constitution.
The President, Vice President, Supreme Court justices, and members of the Constitutional Commission and Ombudsman are all considered impeachable officials under the Constitution.
Impeachment proceedings and attempts[edit]
President Joseph Estrada was the first official impeached by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies. Estrada was deposed days later during the 2001 EDSA Revolution.
In 2005, 2006, 2007 and 2008, impeachment complaints were filed against President Gloria Macapagal-Arroyo, but none of the cases reached the required endorsement of 1/3 of the members for transmittal to, and trial by, the Senate.
In March 2011, the House of Representatives impeached Ombudsman Merceditas Gutierrez, becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate's convening as an impeachment court.
In December 2011, in what was described as "blitzkrieg fashion", 188 of the 285 members of the House of Representatives voted to transmit the 56-page Articles of Impeachment against Supreme Court Chief Justice Renato Corona.
To date, three officials had been successfully impeached by the House of Representatives, and two were not convicted. The latter, Chief Justice Renato C. Corona, on May 29, 2012 has been convicted by the Senate guilty under Article II of the Articles of Impeachment (of betraying public trust), with 20-3 votes from the Senator Judges.
Peru[edit]
Peru's President Pedro Pablo Kuczynski speaks about the impeachment process against him.
See also: First impeachment process against Pedro Pablo Kuczynski
Poland[edit]
In Polish law there is no impeachment procedure defined, as it is present in the other countries. Infringements of the law can be investigated only by special Parliament's Committee or (if accusations involve people holding the highest offices of state) by the State Tribunal. The State Tribunal is empowered to rule for the removal of individuals from public office but it is not a common practice.
Romania[edit]
The President can be impeached by Parliament and is then suspended. A referendum then follows to determine whether the suspended President should be removed from office. President Traian Băsescu was impeached twice by the Parliament: in 2007 and more recently in July 2012. A referendum was held on May 19, 2007 and a large majority of the electorate voted against removing the president from office. For the most recent suspension a referendum was held on July 29, 2012, but was invalidated due to low turnout, however the results were heavily against the president ([20][better source needed])
Russia[edit]
The President of Russia can be impeached if both the State Duma (which initiates the impeachment process through the formation of a special investigation committee) and the Federation Council of Russia vote by a two-thirds majority in favor of impeachment and, additionally, the Supreme Court finds the President guilty of treason or a similarly heavy crime against the nation and the Constitutional Court confirms that the constitutional procedure of the impeachment process was correctly observed. In 1995–1999, the Duma made several attempts to impeach then-President Boris Yeltsin, but they never had a sufficient number of votes for the process to reach the Federation Council.
South Korea (Republic of Korea)[edit]
See also: Impeachment of Park Geun-hye
According to the Article 65 Clause 1 of Constitution of South Korea, if President, Prime Minister, or other state council members including Supreme Court and Constitutional court members, violate the Constitution or other laws of official duty, the National Assembly can impeach them. Clause 2 states the impeachment bill may be proposed by one third or more of the total members of the National Assembly, and shall require majority voting and approved by two thirds or more of the total members of the National Assembly. This article also states that any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated and shall not extend further than removal from public office. Provided, That it shall not exempt the person impeached from civil or criminal liability.
Two presidents have been impeached since the foundation of the Sixth Republic of Korea and adoption of the new Constitution of South Korea in 1987. Roh Moo-hyun in 2004 was impeached by the National Assembly but was overturned by the Constitutional Court. Park Geun-hye in 2016 was impeached by the National Assembly, and the impeachment was confirmed by the Constitutional Court on March 10, 2017.
Taiwan[edit]
In Taiwan, according to the Additional Articles of the Constitution of the Republic of China, impeachment of the president or the vice president by the Legislative Yuan shall be initiated upon the proposal of more than one-half of the total members of the Legislative Yuan and passed by more than two-thirds of the total members of the Legislative Yuan, whereupon it shall be presented to the grand justices of the Judicial Yuan for adjudication.
Ukraine[edit]
During the crisis which started in November 2013, the increasing political stress of the face-down between the protestors occupying Independence Square in Kiev and the State Security forces under the control of President Yanukovych led to deadly armed force being used on the protestors. Following the negotiated return of Kiev's City Hall on February 16, 2014, occupied by the protesters since November 2013, the security forces thought they could also retake "Maidan", Independence Square. The ensuing fighting on 17th through 21st of February 2014 resulted in a considerable number of deaths and a more generalised alienation of the population, and the withdrawal of President Yanukovych to his support area in the East of Ukraine.
In the wake of the President's departure, Parliament convened on February 22; it reinstated the 2004 Constitution, which reduced Presidential authority, and voted impeachment of President Yanukovych as de facto recognition of his departure from office as President of an integrated Ukraine. The President riposted that Parliament's acts were illegal as they could pass into law only by Presidential signature.
United Kingdom[edit]
In the United Kingdom, at least in theory, all persons, whether peers or commoners, may be prosecuted and tried by the two Houses of Parliament for any crimes whatsoever.[21] The first recorded impeachment is that of William Latimer, 4th Baron Latimer during the Good Parliament of 1376. The last was that of Henry Dundas, 1st Viscount Melville in 1806.[21]
Procedure[edit]
In the United Kingdom, it is the House of Commons that holds the power of initiating an impeachment. Any member may make accusations of any crime. The member must support the charges with evidence and move for impeachment. If the Commons carries the motion, the mover receives orders to go to the bar at the House of Lords and to impeach the accused "in the name of the House of Commons, and all the commons of the United Kingdom."
The mover must tell the Lords that the House of Commons will, in due time, exhibit particular articles against the accused, and make good the same. The Commons then usually selects a committee to draw up the charges and create an "Article of Impeachment" for each. (In the case of Warren Hastings, however, the drawing up of the articles preceded the formal impeachment.) Once the committee has delivered the articles to the Lords, replies go between the accused and the Commons via the Lords. If the Commons have impeached a peer, the Lords take custody of the accused; otherwise, custody goes to Black Rod. The accused remains in custody unless the Lords allow bail. The Lords set a date for the trial while the Commons appoints managers, who act as prosecutors in the trial. The accused may defend by counsel.
The House of Lords hears the case. The procedure used to be that the Lord Chancellor presided (or the Lord High Steward if the defendant was a peer); but this was when the Lord Chancellor was both the Lords' presiding officer and head of the judiciary of England and Wales. Since both these roles were removed from that office by the Constitutional Reform Act 2005, which created the Lord Speaker to preside over the Lords and made the Lord Chief Justice head of the judiciary, it is not certain who would preside over an impeachment trial today. If Parliament is not in session, then the trial is conducted by a "Court of the Lord High Steward" instead of the House of Lords (even if the defendant is not a peer). The differences between this court and the House of Lords are that in the House all of the peers are judges of both law and fact, whereas in the Court the Lord High Steward is the sole judge of law and the peers decide the facts only; and the bishops are not entitled to sit and vote in the Court.[22] Traditionally, peers would wear their parliamentary robes during the hearings.
The hearing resembles an ordinary trial: both sides may call witnesses and present evidence. At the end of the hearing the lords vote on the verdict, which is decided by a simple majority, one charge at a time. Upon being called, a peer must rise and declare "guilty, upon my honour" or "not guilty, upon my honour". After voting on all of the articles has taken place, and if the Lords find the defendant guilty, the Commons may move for judgment; the Lords may not declare the punishment until the Commons have so moved. The Lords may then decide whatever punishment they find fit, within the law. A royal pardon cannot excuse the defendant from trial, but a pardon may reprieve a convicted defendant. However, a pardon cannot override a decision to remove the defendant from the public office they hold.
History[edit]
Parliament has held the power of impeachment since medieval times. Originally, the House of Lords held that impeachment could only apply to members of the peerage, as the nobility (the Lords) would try their own peers, while commoners ought to try their peers (other commoners) in a jury. However, in 1681, the Commons declared that they had the right to impeach whomsoever they pleased, and the Lords have respected this resolution. Offices held "during good behaviour" are terminable by the writ of either quo warranto[23] or scire facias, which has even been employed by and against well-placed judges.[24]
After the reign of Edward IV, impeachment fell into disuse, the bill of attainder becoming the preferred form of dealing with undesirable subjects of the Crown. However, during the reign of James I and thereafter, impeachments became more popular, as they did not require the assent of the Crown, while bills of attainder did, thus allowing Parliament to resist royal attempts to dominate Parliament. The most recent cases of impeachment dealt with Warren Hastings, Governor-General of India between 1773 and 1786 (impeached in 1788; the Lords found him not guilty in 1795), and Henry Dundas, 1st Viscount Melville, First Lord of the Admiralty, in 1806 (acquitted). The last attempted impeachment occurred in 1848, when David Urquhart accused Lord Palmerston of having signed a secret treaty with Imperial Russia and of receiving monies from the Tsar. Palmerston survived the vote in the Commons; the Lords did not hear the case.
Queen Caroline[edit]
Main article: Pains and Penalties Bill 1820
Queen Caroline, consort of King George IV, was tried by the House of Commons and acquitted. This began as impeachment proceedings, but then became a different procedure as a bill of pains and penalties.
Modern politics[edit]
The procedure has, over time, become rarely used and some legal authorities (such as Halsbury's Laws of England) consider it to be probably obsolete. The principles of "responsible government" require that the Prime Minister and other executive officers answer to Parliament, rather than to the Sovereign. Thus the Commons can remove such an officer through a motion of no confidence without a long, drawn-out impeachment. However, it is argued by some that the remedy of impeachment remains as part of British constitutional law, and that legislation would be required to abolish it. Furthermore, impeachment as a means of punishment for wrongdoing, as distinct from being a means of removing a minister, remains a valid reason for accepting that it continues to be available, at least in theory.
The Select Committee on Parliamentary Privilege in 1967 recommended "that the right to impeach, which has long been in disuse, be now formally abandoned".[25] Their recommendation not having been implemented in the meantime, the Select Committee on Privileges in 1977 declared it "to be of continuing validity" and again urged that it be adopted.[26] Shortly before this report was issued, in April 1977 the Young Liberals' annual conference unanimously passed a motion calling on Liberal Party leader David Steel to move for the impeachment of Ronald King Murray QC, the Lord Advocate, over his handling of the Patrick Meehan miscarriage of justice affair.[27] Steel did not move any such motion but Murray (now Lord Murray, a former Senator of the College of Justice of Scotland) agreed that the power still existed.
The Joint Committee on Parliamentary Privilege in 1999 noted the previous recommendations to formally abandon the power impeachment, and stated that "The circumstances in which impeachment has taken place are now so remote from the present that the procedure may be considered obsolete".[28] Notwithstanding, on August 25, 2004, Plaid Cymru MP Adam Price announced his intention to move for the impeachment of Tony Blair for his role in involving Britain in the 2003 invasion of Iraq. He asked the Leader of the House of Commons Peter Hain whether he would confirm that the power to impeach was still available, reminding Hain that as President of the Young Liberals he had supported the attempted impeachment of Murray. Hain responded by quoting the 1999 Joint Committee's report, and the advice of the Clerk of the House of Commons that impeachment "effectively died with the advent of full responsible Parliamentary government".[29]
The election court has some of the powers associated with impeachment cases in other countries, and can remove elected officials from office in the case of electoral fraud. Lutfur Rahman was the directly elected mayor of Tower Hamlets, in London until he was removed from office for breaching electoral rules.[30]
United States[edit]
Main article: Impeachment in the United States
The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. The House managers are seated beside the quarter-circular tables on the left and the president's personal counsel on the right, much in the fashion of President Andrew Johnson's trial.
Similar to the British system, Article One of the United States Constitution gives the House of Representatives the sole power of impeachment and the Senate the sole power to try impeachments of officers of the U.S. federal government. (Various state constitutions include similar measures, allowing the state legislature to impeach the governor or other officials of the state government.) In contrast to the British system, in the United States impeachment is only the first of two stages, and conviction during the second stage requires "the concurrence of two thirds of the members present."[31] Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict. Although the subject of the charge is criminal action, it does not constitute a criminal trial; the only question under consideration is the removal of the individual from office, and the possibility of a subsequent vote preventing the removed official from ever again holding political office in the jurisdiction where he or she was removed. Impeachment with respect to political office should not be confused with witness impeachment.
Impeachable offenses[edit]
The Constitution defines impeachment at the federal level and limits impeachment to "The President, Vice President, and all civil officers of the United States" who may be impeached and removed only for "treason, bribery, or other high crimes and misdemeanors".[32] Several commentators have suggested that Congress alone may decide for itself what constitutes a "high crime or misdemeanor", especially since Nixon v. United States stated that the Supreme Court did not have the authority to determine whether the Senate properly "tried" a defendant.[33] In 1970, then-House Minority Leader Gerald R. Ford defined the criterion as he saw it: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history."[34]
Officials subject to impeachment[edit]
The central question regarding the Constitutional dispute about the impeachment of members of the legislature is whether members of Congress are officers of the United States. The Constitution grants the House the power to impeach "The President, the Vice President, and all civil Officers of the United States."[32] It has been suggested that members of Congress are not officers of the United States[35]. Others, however, believe that members are civil officers and are subject to impeachment[36].
The House of Representatives impeached Senator William Blount in 1798,[37] resulting in his expulsion. However, after initially hearing his impeachment, charges were dismissed for lack of jurisdiction.[38][page needed] Left unsettled was the question whether members of Congress were civil officers of the United States. The House has not impeached a Member of Congress since Blount. As each House has the authority to expel its own members without involving the other chamber, expulsion has been the method used for removing Members of Congress.
Jefferson's Manual, which is integral to the Rules of the House of Representatives,[39] states that impeachment is set in motion by charges made on the floor, charges proferred by a memorial, a member's resolution referred to a committee, a message from the president, or from facts developed and reported by an investigating committee of the House. It further states that a 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.
Process[edit]
At the federal level, the impeachment process is a two-step procedure. The House of Representatives must first pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Next, the Senate tries the accused. In the case of the impeachment of a president, the Chief Justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the President of the Senate who is also the Vice President of the United States.
In theory at least, as President of the Senate, the Vice President of the United States could preside over the impeachment of him/herself, although legal theories suggest that allowing a defendant to be the judge in his own case would be a blatant conflict of interest. If the Vice President did not preside over an impeachment (of anyone besides the President), the duties would fall to the President pro tempore of the Senate.
To convict an accused, "the concurrence of two thirds of the members present" is required.[40] Conviction removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring him or her from holding future federal office, elected or appointed. Conviction by the Senate does not bar criminal prosecution. Even after an accused has left office, it is possible to disqualify the person from future office or from certain emoluments of his prior office (such as a pension). If there is no charge for which a two-thirds majority of the senators present vote "guilty", the defendant is acquitted and no punishment is imposed.
History of federal impeachment proceedings in the United States[edit]
Congress regards impeachment as a power to be used only in extreme cases; the House of Representatives has initiated impeachment proceedings only 64 times since 1789 (most recently the 2010 impeachment, then removal from office, of Judge Thomas Porteous of the United States District Court for the Eastern District of Louisiana) with only the following 19 of these proceedings actually resulting in the House's passing Articles of Impeachment:
Two presidents:
Andrew Johnson, Democrat/National Union, was impeached on February 24, 1868 by the House of Representatives after violating the then-newly created Tenure of Office Act by a 126 to 47 vote. President Johnson was acquitted by the Senate, which voted 35–19 in favor of conviction, but falling one vote short of the necessary two-thirds needed to remove him from office. The Tenure of Office Act would later be found unconstitutional by the Supreme Court of the United States in dicta.
Bill Clinton, Democrat, was impeached on December 19, 1998, by the House of Representatives on articles charging perjury (specifically, lying to a federal grand jury) by a 228–206 vote and obstruction of justice by a 221–212 vote. The House rejected other articles: one was a count of perjury in a civil deposition in Paula Jones' sexual harassment lawsuit against Clinton (by a 205–229 vote), the second accused Clinton of abuse of power (by a 148–285 vote). President Clinton was acquitted by the Senate. The votes to remove him from office fell short of the necessary two-thirds: 45–55 on obstruction of justice and 50–50 on perjury.
Impeachment proceedings against Richard Nixon were referred to the full House of Representatives for consideration and ended with his resignation.
In 1876, cabinet officer William W. Belknap (former Secretary of War), resigned before his trial and was later acquitted. Allegedly, most of those who voted to acquit him believed that his resignation had removed their jurisdiction.[citation needed]
One Senator, William Blount, in 1797. He was expelled by the Senate, which declined to try the impeachment. This established the precedent that Members of Congress are not subject to impeachment, as they can be removed by action of the House of which they are members without impeachment or any other action being necessary.
One Justice of the Supreme Court of the United States, Samuel Chase, impeached in 1804, was acquitted by the Senate.
Fourteen other federal judges. Seven of these have been convicted by the Senate and removed,[41] including Alcee Hastings, who was impeached and convicted in 1989 for taking over $150,000 in bribe money in exchange for sentencing leniency. The Senate did not bar Hastings from holding future office, and Hastings won election to the House of Representatives in Florida. Hastings' name was mentioned as a possible Chairman of the House Permanent Select Committee on Intelligence but was passed over by House Speaker-designate Nancy Pelosi, presumably because of his previous impeachment and removal.[42]
There have been unsuccessful attempts to initiate impeachment proceedings against Richard Nixon, George W. Bush, Barack Obama, and Donald Trump.
State governors[edit]
Three state governors have been impeached and removed from office:
Jack C. Walton, Democratic Governor of Oklahoma, was impeached for a variety of crimes including illegal collection of campaign funds, padding the public payroll, suspension of habeas corpus, excessive use of the pardon power, and general incompetence. In November 1923, Walton was convicted and removed from office.[43]
Evan Mecham, Republican Governor of Arizona, was impeached for obstruction of justice and misusing government funds[44] and removed from office in April 1988.
Rod Blagojevich, Democratic Governor of Illinois, was impeached for abuse of power and corruption, including an attempt to sell the appointment to the United States Senate seat vacated by the resignation of Barack Obama.[45] He was removed from office in January 2009.
See also[edit]
List of impeached presidents
References[edit]
Jump up ^ Erskine, Daniel H. (2008). "The Trial of Queen Caroline and the Impeachment of President Clinton: Law As a Weapon for Political Reform". Washington University Global Studies Law Review. 7 (1). ISSN 1546-6981.
Jump up ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, 1969 ed., p. 265
Jump up ^ Andrew Jacobs (April 17, 2016). "Brazil's Lower House of Congress Votes for Impeachment of Dilma Rousseff". The New York Times. Retrieved November 13, 2016.
Jump up ^ "Brazil's Dilma Rousseff to face impeachment trial". BBC News. May 12, 2016. Retrieved 2016-11-13.
Jump up ^ "Constitution of Croatia" (PDF). § 105. Retrieved March 12, 2017.
Jump up ^ Ústava České republiky. Psp.cz. Retrieved 2013-07-12.
Jump up ^ "Czech President Vaclav Klaus faces treason charge". BBC News. March 4, 2013. Retrieved October 23, 2016.
Jump up ^ Rob Cameron (March 28, 2013). "Constitutional Court throws out treason charges against ex-president Klaus". Radio Praha.
Jump up ^ Ústava České republiky. Psp.cz. Retrieved on 2016-10-23.
^ Jump up to: a b "Basic Law of Hong Kong". basiclaw.gov.hk. Hong Kong Special Administrative Region Government. Retrieved November 13, 2016.
Jump up ^ "The Prevention of Insults to National Honour (Amendment) Act of 1971" (PDF). Retrieved 2 July 2017.
Jump up ^ DON., RILEY, (2017). LOCK HIM UP : impeachments in the united states. [S.l.]: LULU COM. ISBN 9781365960857. OCLC 1004843561.
Jump up ^ https://www.nytimes.com/1991/12/13/world/president-of-italy-is-making-political-waves.html
Jump up ^ https://www.reuters.com/article/us-italy-politics/italy-parliament-rejects-bid-to-impeach-president-napolitano-idUSBREA1A0VH20140211
Jump up ^ https://www.nytimes.com/2018/05/28/world/europe/italy-sergio-mattarella-carlo-cottarelli.html
^ Jump up to: a b c "Constitution of the Principality of Liechtenstein" (PDF). hrlibrary.umn.edu. Legal Service of the Government of the Principality of Liechtenstein. 2003. Retrieved November 13, 2016.
Jump up ^ "The Constitution of the Republic of Lithuania". Retrieved 2016-04-04.
Jump up ^ "Lithuanian Parliament Removes Country's President After Casting Votes on Three Charges". The New York Times. April 7, 2004. Retrieved 2016-04-04.
Jump up ^ Chan-Robles Virtual Law Library. "The 1987 Constitution of the Republic of the Philippines - Article XI". Retrieved 2008-07-25.
Jump up ^ ro:Referendumul pentru demiterea președintelui României, 2012
^ Jump up to: a b Gay, Oonagh (November 30, 2004). "Standard Note SN/PC/2666: Impeachment" (PDF). House of Commons Library. Retrieved 2009-11-01.
Jump up ^ Commentaries on the Laws of England, William Blackstone, vol. 4 chapter 19 (1769)
Jump up ^ eg. R v Richardson
Jump up ^ Raoul Berger, Impeachment: The Constitutional Problems p. 132 (1974, Harvard University Press)
Jump up ^ "Report from the Select Committee on Parliamentary Privilege", HC 34 1967-68 para 115.
Jump up ^ "Third report from the Committee of Privileges: Recommendations of the Select Committee on Parliamentary Privilege", HC 417 1976-77 para 16.
Jump up ^ "Liberals confident of victory on petrol duty". The Times. April 11, 1977. p. 2.
Jump up ^ "Joint Committee on Parliamentary Privilege report", HC 214 1998-99, para 16.
Jump up ^ Hansard HC 6ser vol 424 col 871.
Jump up ^ "Tower Hamlets election fraud mayor Lutfur Rahman removed from office". BBC News. April 23, 2015. Retrieved April 23, 2015.
Jump up ^ U.S. Constitution. Article I, § 3, clause 6.
^ Jump up to: a b U.S. Constitution, Article II, Section 4
Jump up ^ "Nixon vs. United States". Illinois Institute of Technology, Chicago-Kent School of Law. Retrieved July 29, 2014.
Jump up ^ Gerald Ford's Remarks on the Impeachment of Supreme Court Justice William Douglas, April 15, 1970 Archived July 13, 2007, at the Wayback Machine.
Jump up ^ Willoughby, Westel Woodbury (1917). Principles of the Constitutional Law of the United States. Baker, Voorhis & Company.
Jump up ^ Oceana (2007). American International Law Cases: Fourth series. Oceana. ISBN 9780195372892.
Jump up ^ Senate List of Impeachment trials Archived December 8, 2010, at WebCite
Jump up ^ Buckner F. Milton (1998). The First Impeachment. Mercer University Press. ISBN 9780865545977.
Jump up ^ House Rules "Archived copy". Archived from the original on December 12, 2010. Retrieved December 31, 2010.
Jump up ^ U.S. Constitution. Article I, § 3, clause 6.
Jump up ^ "Impeachment History". Infoplease. Retrieved 2013-07-12.
Jump up ^ "U.S. Senate: 1 Briefing on Impeachment". Senate.gov. Archived from the original on December 8, 2010. Retrieved November 13, 2016.
Jump up ^ O'Dell, Larry. WALTON, JOHN CALLOWAY (1881-1949), Encyclopedia of Oklahoma History and Culture Archived April 16, 2009, at the Wayback Machine.. (accessed July 2, 2013)
Jump up ^ Watkins, Ronald J. (1990). High Crimes and Misdemeanors : The Term and Trials of Former Governor Evan Mecham. New York: William Morrow & Co. ISBN 0-688-09051-6.
Jump up ^ Saulny, Susan (2009-01-09). "Illinois House Impeaches Governor". The New York Times. Retrieved April 21, 2009.
Further reading[edit]
Look up impeachment in Wiktionary, the free dictionary.
Gerhardt, Michael J. The federal impeachment process.
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values: /static/images/wikimedia-button-1.5x.png 1.5x, /static/images/wikimedia-button-2x.png 2x

values: /static/images/poweredby_mediawiki_132x47.png 1.5x, /static/images/poweredby_mediawiki_176x62.png 2x

values:
suggestions
display: none; font-size: 13px;

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-Impeachment rootpage-Impeachment skin-vector action-view