Mock Constitution
Draft/Comments Phase
(What is this?)
Index
Preamble
Article I: Declaration of Rights
Article II: Distribution of
Powers of Government
Article III: Legislative Branch
Article IV: Representation
Article V: Executive Branch
Article VI: Judicial Branch
Article VII: Suffrage and Elections
Article VIII: Taxation and
Debt Limitation
Article IX: Local Government
Article X: Education
Article XI: Public Officers
Article XII: Impeachment
Article XIII: Amending the Constitution
Article XIV: Transition Schedule
Entire Draft
Section 1. Impeachment of State Officers.
(a) All elected state officers, except judges, shall be subject to impeachment for willful neglect of duty, corruption in office, or the commission of any felony, while in office.
(b) The impeachment procedure shall be as follows:
(1) Any consideration under this Article by a legislative committee and both houses of the Legislature shall require a quorum of 2/3 of the body’s membership to be present.
(2) The committee considering an article of impeachment must approve such article by a majority vote; the approval by the House of an article of impeachment, and the vote by the Senate to convict shall each require a 2/3 vote.
(c) When the governor or acting governor is impeached’, the chief justice, or one of the associate justices of the supreme court, to be selected by it, shall preside over the senate when sitting as a court of impeachment.
(d) If at any time when the legislature is not in session, a majority of all the members elected to the house of representatives shall certify in writing to the speaker of the house their desire to meet to consider the impeachment of the governor or acting governor, it shall be the duty of the speaker of the house to summon the members of the house to assemble at the capitol to consider the impeachment of the governor or acting governor. If the house of representatives prefers articles of impeachment, the lieutenant governor or president pro tempore of the senate shall summon the members of the senate to assemble at the capitol for the purpose of organizing as a court of impeachment, unless the legislature has provided for the trial of such official by a special tribunal.
(e) An officer impeached by the house of representatives shall be disqualified from performing any official duties until he has been tried and acquitted. The officer shall be removed from office upon conviction.
Section 2. District Attorneys and Sheriffs.
(a) District attorneys and sheriffs may be removed from office for any of the causes specified in Section 1 of this article by the supreme court, under such regulations as may be prescribed by law.
(b) The Governor shall remove from office any individual listed in paragraph (a) who has been convicted of a felony.
(c) The Governor shall appoint a qualified person to fulfill the unexpired term of office of an individual removed from office under paragraph (a).
Section 3. County and City Officers.
All county officers and officers of incorporated cities and towns may be removed from office for any of the causes specified in Section 1 of this article by a court having jurisdiction to try felony cases in the county or district in which such officers hold their office. The legislature shall provide by law the method of proceeding under this section, provided that the right of trial by jury and appeal in such cases shall be secured. This section shall not apply to the judge of any court who may be removed by procedures provided by the Judicial Branch Article.
Section 4. Judges.
The removal of a judge is subject solely to the provisions of the Judicial Article, contingent on the continued mandate under this Constitution that judges are elected to office by popular election. In the event that all judges of the state are appointed without their popular election, then such judges shall be subject to the provisions of this Article as an alternative means of removal to those provided under the Judicial Branch Article.
Section 5. Penalties Upon Conviction.
In cases arising under this Article the only remedy shall be removal from office. Action taken under this Article shall not prejudice any other civil or criminal remedies at law.
Legislative Dispatch
Purple Dot Connection
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
Section 1a: If judges are elected, why shouldn’t they be subject to impeachment?
I cannot support a judge being above the law, I would have to disagree on Constitutional reform if this happens. You are stating this as though they are special and are not subject to accountabilty for wrongdoings. Right now as it stands it is hard enough for us to get the judiciary to hold them accountable, and if we make it where they cannot be impeached this can make them even more powerful.
Article XII Section 1 a. Should read as follows;
“No elected official should be above the law, especially judges, and should be held accountable for any violation while serving his/her state, including impeachment for willful neglect of duty, corruption in office, or the commission of any felony while, in office.”
The removal of any public official should be left to the voters of that jurisdiction. As for judges keep it out of the hands of their fellow lawyers.
Larry Lawley, Amen to that…you know they all take up with each other after hours.
Judges should be subject to impeachment and a grounds for impeachment should be failure to use strict constructionism in judicial opinions.
They really need to consider changing some of the things they are writing into this draft before even considering this as a final. How stupid do they think we really are? I am not in support of “judges” being above the law, and I intend on making certain that the public knows not to vote on this. “Except Judges” that is so one sided as if they are special. Who wrote this a judge?
The Source of Independent Branches of Government
“Good Behavior” is not the same as “For Life”.
Impeachment of the Executive belongs in the Executive Article. The independence of the Executive is in his protection from influence and censure by the democratic part; particularly from the Legislative Branch. The legislature by having power to impeach the executive must be restrained to the exceptionally high causes for impeachment.
Spitting, lying or embarrassment to the office are too frequent an event for most Executives. Therefore, high crimes and treason are the only cause for legislative impeachment. The election process provides the People, not the Legislature, control over the Executive. The Legislature should not hold the will of the Executive by the threat of Impeachment. The will of the Executive must be held constant to those who elected him. The presence of an Independent Jurist, holding constitution Constant, allows him to remain true to the People.
Frequent impeachment threats would nullify an Executive tenure and the will of the People that elected the Executive.
NOTE: The Federal Convention of 1787 defined in the notes that “misdemeanor” is “high crimes or treason against a State”. Morris won, Madison lost, and the word “misdemeanor” stayed. Congress abused: Goldman Sachs harvested.
Impeachment of Senators and Representatives takes place by the democratic process as determined by the tenures of their office. Just as for the Executive’s.
However, they are impeachable for the same of the Executive and of the Jurist of the Supreme Court and as determined in lower Courts by constitution for “high crimes and treason against the State.”
Impeachment of Jurist is based on good behavior in their Opinions toward the State constitution and the Constitution of the United States of America, as well as for high crimes and treason against the State.”
The Constitution of the United States of American covers treason against the United States.
State justices should be able to be impeached just as they are at federal level. In the U.S. Constitution, Senate and House members are not subject to the impeachment process as is the Executive and Judicial branches. They are removed by election or by the members of their own house. Our state constitution should be the same.
The justices are impeachable by the Senate for failure of fidelity towards the Constitution.
The independent jurist is the key safe guard to holding a constitution constant until amended by the People.
They are also the key to the independence of the Executive and his consuls and administrators from the hands of the legislature.
When the People ignore the Constitution and make Law, the nullity imposed by the independent jurist is not making Law but reversing what the People had constrained for the security of their Natural Liberty in Convention in 1787.
However, impeachment requires that everyone hear the reasoning behind the opinion with its focus not on personal preference, but on the grammar of the Constitution. That might result in learning what a present participial phrase is and does.
That little fact has probably given men without a conscious cause for scruple on an occasion or two.
I am pretty sure that all representatives whether elected or appointed with “advise and consent” are impeachable for perfidy of Constitution.
However, each House drafts its own rules of conduct. That can save time unless the representative decides to contest the issue. Are not recall procedures in place as well?
That is something legislation can handle without fixture in Constitution, which can be quite destructive, as we have learned.
.
Ellery, I can promise you that you are incorrect in the belief that in the U.S. Constitution that House and Senate members are subject to the impeachment process as are the Executive and Judicial branches. Please, check with a constitutional lawyer. Senate and House members are strictly subjected to the rules of each house. Each house can expel a member or refuse to seat any member (remember Reconstruction), but members of the U.S. House and Senate are NOT open to the typical impeachment process. Read J. Q. Wilson.
The Constitution on Impeachment and Independence between Branches:
“Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.”
“The House of Representatives shall… have the sole Power of Impeachment”
“The Senate shall have the sole Power to try all Impeachments.”
“When sitting for that Purpose, they shall be on Oath or Affirmation.”
“When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law”
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”
*********
The above is what the Constitution contains on Impeachment.
This is how I read it.
The People by their votes are the first or last to ring the bell of Impeachment.
The House may by their own process expel a member by their own means, but they could also go the whole nine yards and let the Senate hold the trial.
The Senate has its own rules, and may expel a member, but the House could impeach a Senator if the Senate fails to make them Happy! This is a check on balance of the House over the six-year terms of a Senator.
Executive impeachment is specific.
In most cases, once the pudding hits the fan, a resignation follows. House and Senate rules can handle their own issues, unless an Impeachment is warranted for a fair and full disclosure of whatever machinations have taken place.
I do not trust lawyers or their opinions, they take whatever side they are paid to take with no scruple influencing their facts: often the truth is overlooked. That is how they are trained. Whatever scruple they may have been birthed with is left at the University of Alabama Law School.
The word “may” allows some flexibility for scruple or not by both houses. The voters will impeach a house member within two years if they are not Happy with his behavior.
The Constitution provides the House with the power to Impeach longer terms of representation or which the voters are not able because of appointment if the cause warrants the action. The House becomes the Check and Balance of the People for Senators and others.
The one word needing more background information is “miscellaneous”. Morris said we would never stoop that low: Madison was not convinced: the word remained: and we know the rest of the story.
Pinckney in Aug 1787 at the Federal Convention in Philadelphia defined miscellaneous as “Treason or High Crimes against a State”. Impeachment of the Executive over small issues, like embarrassment, would destroy Executive independence from the Congress making his Constitutional commitment to the People elusive at best from the constant array of Impeachments the House could inflict on the Executive: just like we have with the Governor of the State and his independence from the powers behind legislative branch. Or lack thereof. He does what he is told; therefore the Legislature leaves him alone.
I notice that most of you are in favor of impeaching judges. I was a delegate to the mock constitutional convention and on this committee. Those that were on the Judicial Committee did not want judges impeached and wrote that into their article, Article VI, Section 19 (e). A constitution needs consistency and so the impeachment of judges was left out of this article.
TO: Marjo Gann:
Impeachment is a trial. Impeachment is an essential check and balance between the Branches. It is a means of removing the Executive for Treason, Bribery, or High Crimes against the Nation or against a State, of removing a Jurist for Perfidy against the Constitution, or any other representative for any of the same. The House as the sole Power of Impeachment may try its own, or anyone else. The House can use this power with fidelity or as self-interest only sycophants.
In the separation of powers it must be limited to protect the Executive and the Jurist from useless harassment by the Legislative Branch else those Branches will not be able to function without Saints. The term miscellaneous was not seen at the Convention of 1787 as it is used in Law today, particularly in Cases against the Chief Executive.
The Constitution on Impeachment and Independence between Branches:
“Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.”
“The House of Representatives shall… have the sole Power of Impeachment”
“The Senate shall have the sole Power to try all Impeachments.”
“When sitting for that Purpose, they shall be on Oath or Affirmation.”
“When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”
“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law”
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors”
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”
*********
The above is what the Constitution contains on Impeachment.
This is how I read it.
The People by their votes are the first or last to ring the bell of Impeachment.
The House may by their own process expel a member by their own means, but they could also go the whole nine yards and let the Senate hold the trial.
The Senate has its own rules, and may expel a member, but the House could impeach a Senator if the Senate fails to make them Happy! This is a check on balance of the House over the six-year terms of a Senator.
Executive impeachment is specific.
In most cases, once the pudding hits the fan, a resignation follows. House and Senate rules can handle their own issues, unless an Impeachment is warranted for a fair and full disclosure of whatever machinations have taken place.
I do not trust lawyers or their opinions, they take whatever side they are paid to take with no scruple influencing their facts: often the truth is overlooked. That is how they are trained. Whatever scruple they may have been birthed with is left at the University of Alabama Law School.
The word “may” allows some flexibility for scruple or not by both houses. The voters will impeach a house member within two years if they are not Happy with his behavior.
The Constitution provides the House with the power to Impeach longer terms of representation or which the voters are not able because of appointment if the cause warrants the action. The House becomes the Check and Balance of the People for Senators and others.
The one word needing more background information is “miscellaneous”. Morris said we would never stoop that low: Madison was not convinced: the word remained: and we know the rest of the story.
Pinckney in Aug 1787 at the Federal Convention in Philadelphia defined miscellaneous as “Treason or High Crimes against a State”. Impeachment of the Executive over small issues, like embarrassment, would destroy Executive independence from the Congress making his Constitutional commitment to the People elusive at best from the constant array of Impeachments the House could inflict on the Executive: just like we have with the Governor of the State and his independence from the powers behind legislative branch. Or lack thereof. He does what he is told; therefore the Legislature leaves him alone.
The constraint on cases against the Executive by the House must protect the Executive from the basic nature of the House Members: vindictive, ambitious and greedy.
If you were a delegate, can you explain the reasoning for making the Ala. constitution different from the U.S. Constitution on the matter of impeachment of judges, Ellie?
The people on the Judiciary Committee felt that the process currently in place using the Judicial Inquiry Commission is working well and that the impeachment process would create an unnecessary wrinkle. Also it might be hard to determine which process should be used when.
Section 4 of this Article XII should be deleted. It provides for impeachment of judges by the legislative branch if all judges in the state are selected by a process other than election; but there is no provision in the Judicial Article that would allow that circumstance to arise. The Judicial Article only provides for merit selection as an alternative to popular election, if passed by the legislature, for the appellate courts. This section also directly contradicts Section 19(e) of Article VII, the Judicial Article, which specifies that the Court of the Judiciary is the only body that can remove judges.
The judicial branch safeguards the rights of the people under the Constitution from the majority’s popular sentiment and special interests. If a politically motivated legislature can remove a judge for ruling in a way the legislature doesn’t happen to like and therefor calls “a willful neglect of duty” and there is no review of that decision, the courts cannot protect the people. Judicial independence is key to a fair democracy that provides equal justice to all and upholds the rule of law. The Judicial Inquiry Commission and Court of the Judiciary provided for in the Judicial Article (and which we now have) work well to insure that individual justices are not “above the law”.
This section should also be deleted because it appears to be a back door way to influence the legislature to not move to a new system of judicial selection for the appellate courts in contradiction to the provisions of the Judicial Article.
Post are being deleted with regards to Impeachment and executive independence.
Max Farrand published the notes of the Convention of 1787. Information in those records is vital to understanding the construction of a constitution.
This three volume record of American Constitutionalism should have been a primary text for those preparing for the Moc Convention. Drawing from the wisdom and experience of the men who made this nation possible might have led to a real Draft for a Constitution.
Ellery May,
Regarding comment #18, I have deleted no comments here of any kind. Some comments go into a moderation queue to be approved (or not) before they are visible to readers. Several of your comments have gone into the moderation queue, I am not sure why they did, but I have approved them and they are visible.
I imagine that is why you thought that comments were being deleted. If you have any questions, let me know.
Danny