"The 35 Articles of Impeachment and the Case for Prosecuting George W. Bush"How to Impeach | Constitution | High Crimes | Cities and States | Grounds | Treaties | Articles of Impeachment | Process | History | Rules |
Rules and Laws Relating to Bush Impeachment
The basis for impeachment can be found in the United States Constitution. There are several other documents that further define the impeachment process. Most of these can be found in the legislative resources at the Government Printing Office website.
House Practice
A Guide to the Rules, Precedents and Procedures of the House, 108th Congress, 1st Session.
- Chapter 19, "Discharging Measures from Committee" - how to get resolutions that are stuck in committee to the floor for a vote.
- Chapter 27, "Impeachment"
- Chapter 36, "Order of Business; Privileged Business"
- Chapter 42, "Questions of Privilege" See also our analysis of "privilege".
- Chapter 49, "Resolutions of Inquiry"
Jefferson Manual and House Rules
Browse the House Rules and Jeffersons Manual for the 109th Congress
Jefferson's Manual
- Section XXXIII on "Privileged Questions"
- Section XIX on "Petition"
- Section LIII on "Impeachment", section 603, says "by charges transmitted from the legislature of a State (III, 2469)". The "III, 2469" refers to the Charles Swayne case in the Hinds' Precedents.
Rules of the House
- Rule IX on "Questions of Privilege"
- Rule XII on "Receipt and Referral of Measures and Matters"
- Rule XIV on "Order and Priority of Business"
House Precedents
Precedents are records of past events. They are used to argue for an action by saying that if the House did something similar in the past then they should allow it again now.
- 1789 to 1936 - Cannon's Precedents and Hinds' Precedents. The Charles Swayne case shows that a state can initiate impeachment through a joint resolution of the state legislature.
- 1936 to 1989 - Deschler's Precedents
International Treaties
Acording to the US Constitution, international treates are part of the "Supreme Law of the Land".
- The UN Charter was ratified by the United States in 1945.Chapter 1, Article 2 state that "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered."
- The Nuremberg Principles, which were adopted by the UNited Nations as giuding principles, says this is a crime against peace: "Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances".
- The Geneva Convention relative to the Treatment of Prisoners of War says that prisoners may not be tortured. The Bush administration has often tortured prisoners in foreign prisons.
- UN Torture Convention - "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" signed in 1988 and ratified by the US in 1994.
US Statutes
- Conspiracy to commit offense or to defraud United States - Title 18, Chapter 19, Section 371
- Fraud and False Statements - Title 18, Chapter 47, Section 1001
- The "Federal Torture Act" - Title 18, Chapter 113C
- Wiretaps laws, FISA Court. - Title 50, Chapter 36, Subchapter I, Sec 1805
- Slide show explaining 18 USC 1001.
See also Legal Resource Links
