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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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