And Due Process For All...
 

A. RECENT DEVELOPMENTS:

William Jefferson Clinton became the first elected President to be impeached.  On December 19, 1998, the House of Representatives voted to impeach President Clinton on two Articles of Impeachment which were sent to the Senate.  Shortly afterwards, then President Clinton, declining to resign, stated that he desired to work with the Senate for a resolution - other than impeachment. 

The term Impeachment is synonymous with indictment.  In the same way that a Grand Jury votes to indict an individual, the House of Representatives votes to impeach a President and forwards the matter to the United States Senate for trial.  The procedures are outlined in Article 1 (sections 2 and 3) and Article II (section 2).  After impeachment by the House, the Chief Justice presides over the trial in the Senate where a vote of two-thirds of the Senate is required to convict.  The only punishment available after a conviction is removal from office. 

Actually, the use of impeachment has been around since the days of ancient Greece.  It was incorporated by England in the late 1500's, and was used as a basis by the Founding Fathers of this country.  Interestingly, with the English Monarch fresh in the minds of the newly independent founders, the process was designed with the intent of avoiding the use of impeachment as a political tool.

Andrew Johnson is the only other President who was impeached by the House.  As the Vice President, he became the President after Lincoln's assassination.  Johnson's term was steeped in political animosity.  Earlier, he and others formed the Democratic Party.  It was the aftermath of the Civil War, however, which led to his impeachment. 

In 1867, the House set aside the Southern state governments that Johnson had created.  The Southern States were put under military supervision until new governments were created which accepted the civil and political rights of the newly freed slaves. 

The Southern-born Johnson, however, was more sympathetic to the Southern States than the Republican majority of the House.  At every opportunity, Johnson attempted to hinder the Army's enforcement of the laws upon the Southern States.  In reaction to Johnson's actions, the House passed the Tenure of Office Act forbidding a President from removing from office any official whose nomination was subject to Senate approval.  President Johnson  subsequently dismissed Secretary of War Edward Stanton without seeking the approval of the Senate. 

At the Senate trial, Johnson's attorneys argued that Johnson believed the Tenure of Office Act to be unconstitutional and, in removing Stanton, sought to test the constitutionality of the Act in the courts.  The Senate failed to convict Johnson by one vote. 

Of note, during the trial in the Senate, Senator Charles Sumner stated that "this proceeding is political in character . . .  with a political object."
 
 

B. TIDBITS:

1.  Microsoft Antitrust Action.  If you would like to stay abreast of the latest developments regarding the DOJ's action against Microsoft or are looking for background articles, take a peek at Consumer Project on Technology  Home Page's CPT's Microsoft Antitrust Page.  This page is an excellent resource for current and past articles, has a main index of filed legal documents, and other interesting links.

Microsoft Findings of Fact.

2.  Not sure if the "virus alert" that was just emailed to you is real or a  hoax?  You might want to bookmark Computer Incident Advisory Capability 's page.  A well known and respected site, it sorts between the hoaxes and the real thing with links for corrective solutions and software. 

3.  Confused about Internet phrases?  Stumped by computer terms?  You can now look up a definition at Credible.com's Computer Terms & Definitions web site.

 

 

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