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History of State Initiated Impeachment Process
The Impeachment is normally initiated by a Member of the US House of Representatives introducing a resolution asking for impeachment. But there is another way that the impeachment process can be started. This mechanism was first promoted by blogs from arbortender and Kagro X.
According to the Jefferson Manual, a State Legislature can initiate impeachment through their Representative in the House. Section LIII on Impeachment, section 603 states :
"In the House there are various methods of setting an impeachment in motion: ... by charges transmitted from the legislature of a State (III, 2469) ..."
The (III, 2469) refers to the Hinds Precedents, section 2469. It tells of how in 1903 the Florida legislature passed a bill to impeach a corrupt US District Judge named Charles Swayne. With the power of a joint resolution from his home state behind him, Mr. William B. Lamar, of Florida, claiming the floor for a question of privilege, said:
"Mr. Speaker, I believe that the impeachment of a civil officer by this House is a question of privilege. I have made a joint resolution adopted by the legislature of the State of Florida a part of the resolution which I desire to submit to this House for its adoption. In pursuance of this joint resolution of the legislature of the State which I have the honor in part to represent, I impeach Charles Swayne, judge of the northern district of the State of Florida, of high crimes and misdemeanors;"
The house voted to bypass the Judiciary Committee and ordered the investigation of Judge Swayne.
A House Representative can always initiate impeachment by introducing a resolution as a question of privilege. But after consultation with senior staff in the US House of Representatives, we have determined that a state may be able to initiate impeachment without requiring that a Member introduce the resolution. This does not mean that a state can force Congress to start impeachment. But it gives the states a mechanism by which impeachment may be initiated if Congress chooses to respond.
Impeachment charges from a state can be sent to the Speaker of the House of Representatives. The charges from a city should be marked with the word “Petition” at the top, and bear the authorizing signature of the Secretary of State from that state. The Speaker will route the petition through the Parliamentarian office to the Clerk. The Clerk must then note in the Congressional Journal that the charges were received. The charges will then be referred to the House Judiciary Committee for consideration.
The Judiciary Committee may then investigate the charges, draft Articles of Impeachment and submit them to the floor of the House for a vote. It is also possible that the Committee may ignore the charges. That will depend on the ever shifting political situation and cannot be predicted. But the fact that success is not guaranteed does not relieve the state legislature of their obligation to do whatever they possibly can to defend the United States Constitution according to their oath of office.
The Jefferson Manual LIII, Section 604 also states:
"A direct 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".
Note that in order to have Privilege, the proposition to impeach must be introduced by a Member, or by a House Committee. Read more about "privilege" and how it relates to impeachment.
Resources
- "Messages, Petitions, Communications, and Memorials to Congress" by Paul Rundquist, CRS Report to Congress, 8/5/03
- "Memorandum On Impeachment Strategy In The House Of Representatives", by the Conservative Caucus Inc.
