Article I, Section 3, Clause 6
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.
The Federalist and Federalist essays
- cited bySuggestedAristides, ¶ 32
The ſenate are to try impeachments. By their advice only, may the preſident make treaties, appoint ambaſſadors, miniſters, conſuls, judges of the ſupreme court, and officers, not otherwiſe provided for in the conſtitution.
The paragraph says the senate is to try impeachments, as Article I, Section 3, Clause 6 provides.
- quoted bySuggestedCassius 8, ¶ 13
The third section also provides, that the senate shall have the sole power to try all impeachments. This clause seems to be peculiarly obnoxious to anti-federal sycophants.
Cites "The third section" and reproduces the first sentence of this clause verbatim.
- cited bySuggestedCassius 8, ¶ 15
That part of the proposed form of government, which is to be styled the senate, will not have it in their power to try any person, without the consent of two-thirds of the members.
Continues on the impeachment clause cited in Cassius.8.13, naming its requirement of "the consent of two-thirds of the members."
- cited bySuggestedCitizen of New Haven 1, ¶ 4
That impeachments ought not to be tried by the senate, or not by the senate alone.
The paragraph names a proposed alteration to the provision that the senate tries impeachments.
- cited bySuggestedAn American Citizen, Number II, ¶ 3
Impeachments alone are the caſes cognizable before them, and in what other place could matters of that nature be ſo properly and ſafely determined?
The paragraph says that impeachments are the cases the Senate tries, and goes on to the two-thirds vote and the oath, all of which are in Article I, Section 3, Clause 6.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 24
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.
The paragraph prints Article I, Section 3, Clause 6 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedFederalist No. 38, ¶ 7
No part of the arrangement, according to some, is more inadmissible than the trial of impeachments by the Senate, which is alternately a member both of the legislative and executive departments, when this power so evidently belonged to the judiciary department.
Names "the trial of impeachments by the Senate," echoing this clause's words giving the Senate the power "to try all Impeachments."
- cited bySuggestedFederalist No. 65, ¶ 1
…powers which the plan of the convention allots to the Senate, in a distinct capacity, are comprised in their participation with the executive in the appointment to offices, and in their judicial character as a court for the trial of impeachments.
Names the Senate's "judicial character as a court for the trial of impeachments" as a power the plan allots to it, echoing this clause's "try all Impeachments."
- cited bySuggestedFederalist No. 65, ¶ 9
To a certain extent, the benefits of that union will be obtained from making the chief justice of the Supreme Court the president of the court of impeachments, as is proposed to be done in the plan of the convention; while the inconveniences of an entire incorporation of the former into the latter will be substantially avoided.
Names the plan's making "the chief justice of the Supreme Court the president of the court of impeachments," echoing this clause's "the Chief Justice shall preside."
- cited bySuggestedFederalist No. 66, ¶ 2
As the concurrence of two thirds of the Senate will be requisite to a condemnation, the security to innocence, from this additional circumstance, will be as complete as itself can desire.
Says "the concurrence of two thirds of the Senate will be requisite to a condemnation," echoing this clause's "Concurrence of two thirds of the Members present."
- cited bySuggestedFederalist No. 79, ¶ 4
They are liable to be impeached for malconduct by the House of Representatives, and tried by the Senate; and, if convicted, may be dismissed from office, and disqualified for holding any other.
Citing "the article respecting impeachments," the paragraph says impeached judges are "tried by the Senate," naming the trial of impeachments set out in this clause.
- cited bySuggestedFederalist No. 81, ¶ 8
While this ought to remove all apprehensions on the subject, it affords, at the same time, a cogent argument for constituting the Senate a court for the trial of impeachments.
Names the power "of determining upon" impeachments in the other part of the legislature and "constituting the Senate a court for the trial of impeachments," the trial of impeachments set out in this clause.
Anti-Federalist essays
- cited bySuggestedCato 5, ¶ 3
…are improperly connected, both as to appointments and the making of treaties, which are to become the supreme law of the land; that the judicial, in some measure, to wit, as to the trial of impeachments, is placed in the senate, a branch of the legislative, and sometimes a branch of the executive; that Congress have the improper power of making or altering the regulations prescribed by the different legislatures,…
The paragraph names the provision placing "the trial of impeachments" in the senate.
- cited bySuggestedCato 6, ¶ 4
…them ; when their duration in office is such as to have the resemblance to perpetuity; when they are connected with the executive, by the appointment of all officers, and also to become a judiciary for the trial of officers of their own appointments; added to all this, when none but men of opulence will hold a seat, what is there left to resist and repel this host of influence and power?
The paragraph names the senate's role as "a judiciary for the trial of officers", that is, the trial of impeachments.
- quoted bySuggestedCato 7, ¶ 1
Besides, the senate, who have the sole power to try all impeachments, in case of the impeachment of the president are to determine, as judges, the propriety of the advice they gave him as senators.
The paragraph repeats the clause's words that the senate has "the sole power to try all impeachments".
- cited bySuggestedFederal Farmer 3, ¶ 5
…security in the elections than in those of representatives : Fourteen senators make a quorum for business, and a majority of the senators present give the vote of the senate, except in giving judgment upon an impeachment, or in making treaties, or in expelling a member, when two-thirds of the senators present must agree — The members of the legislature are not excluded from being elected…
Names the requirement that "two-thirds of the senators present must agree" in "giving judgment upon an impeachment," which is in this clause.
- cited bySuggestedFederal Farmer 3, ¶ 10
No judgment of conviction, on an impeachment, can be given unless two thirds of the senators agree. Under these circumstances the right of impeachment, in the house, can be of but little importance ; the house cannot expect often to convict the offender ; and, therefore, probably,…
Says officers are "impeachable before the senate only" and that no conviction can be given "unless two thirds of the senators agree," which is this clause.
- quoted bySuggestedJames Monroe, ¶ 34
"The ſenate ſhall have the ſole power to try all impeachments." The preſident is to act under their controul in the caſes above ſtated, if in any inſtance a wanton violation by their direction or permiſſion ſhould be made, which though…
The paragraph quotes in quotation marks the first sentence of Article I, Section 3, Clause 6.
- cited bySuggestedA Plain Dealer, ¶ 2
…of Congress are removable at the pleasure of their constituents ; — whereas under the proposed Constitution, the only method of removing a wicked, unskilful or treacherous senator, will be by impeachment before the senate itself, of which he is a member.
The paragraph names impeachment trials "before the senate" under the proposed Constitution, which only the clause giving the Senate the power to try impeachments fits.
- cited bySuggestedSydney 2, ¶ 42
This system is undermined and rendered nugatory by 1st art., 6th and 7th clauses, where the senate in the new constitution, have the trial and judgment on all impeachments.
The paragraph cites "1st art., 6th and 7th clauses" on the senate's trial and judgment of impeachments; the sixth clause of Article I, Section 3 is the trial clause (the section number is not printed).
Other writings
- cited bySuggestedNorth Carolina convention, July 25, 1788, ¶ 21
The House of Representatives is to have the sole power of impeachment, and the Senate the sole power of trying.
Maclaine says the Senate has "the sole power of trying", the wording of the trial clause.
- cited bySuggestedNorth Carolina convention, July 25, 1788, ¶ 22
It is further provided, that, when the President is tried, (for he is also liable to be impeached,) the chief justice shall preside in the Senate; because it might be supposed that the Vice-President might be connected, together with the President, in the same crime, and would therefore be an improper person to judge him.
Maclaine states that when the President is tried the chief justice shall preside, as the trial clause provides.
- quoted bySuggestedNorth Carolina convention, July 25, 1788, ¶ 30
In the clauses under debate, it provides that the Senate shall have the sole power to try all impeachments, and then subjoins, that 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,…
Maclaine quotes the clause as one of "the clauses under debate".
- cited bySuggestedEdmund Randolph, Letter of October 10, 1787, ¶ 53
in providing a tribunal inſtead of the Senate for the impeachment of Senators: 8.
The paragraph asks for a tribunal other than the Senate for the impeachment of Senators, which refers to the Senate's power to try impeachments in Article I, Section 3, Clause 6.
Debates in Congress
- quoted bySuggestedHouse, December 6, 1803, ¶ 6
In the case of impeachments it is provided that tbe Senate shall try all impeachments'; but no person shall be conTicied without the concurrence of two-thirds of the members present.
The paragraph gives what "is provided" in the case of impeachments in the words of Article I, Section 3, clause 6 ("conTicied" is an OCR error).
- quoted bySuggestedHouse, December 6, 1803, ¶ 19
The first is in the last part of the third section, in cases of impeachment: "The Senate shall have the sole power to try all impeachments." "No person shall be convicted without the concurrence of IWO' thirds of the members present." The other instance is in the secona section of the second article; "The President…
The paragraph quotes "the last part of the third section, in cases of impeachment": "The Senate shall have the sole power to try all impeachments" and the two-thirds of the members present needed to convict.
- cited bySuggestedHouse, December 6, 1803, ¶ 38
For if any doubt could exist on that subject, it will be removed by adverting to the clause respecting the treaty-making power and the power of impeachment; where twothirds must concur and where it is confined to twothirds of the members present.
The speaker names the clause on "the power of impeachment," where two-thirds of the members present must concur, which is Article I, Section 3, clause 6.
- quoted bySuggestedHouse, December 6, 1803, ¶ 39
If e construction of the gentleman obtain, it is given only to the whole body, as this power is not conferred upon them in their ordinary Legislative capacity: "The Senate shall have the sole 'power to try impeachments; when tilling for ' that purpose they shall be on oath or affirmation.
The paragraph quotes the third section on impeachments: "The Senate shall have the sole power to try impeachments; when sitting for that purpose they shall be on oath or affirmation ..." ("tilling" is an OCR error).
- cited bySuggestedHouse, December 6, 1803, ¶ 47
Suin the case of impeachments and treaties, unless the expression were two-thirds of the members present, the concurrence of twothirds of the whole would be necessary.
The speaker names the provisions for impeachments and treaties, which require "two-thirds of the members present"; for impeachments this is Article I, Section 3, clause 6.
- cited bySuggestedHouse, December 8, 1803, ¶ 120
They have the sole power of trying impeachments, and of making treaties.
Examining the Constitution, the speaker says the Senate has "the sole power of trying impeachments," echoing Article I, Section 3, clause 6.
- cited bySuggestedSenate, December 2, 1803, ¶ 40
Senate." But in cases where from speedy decision is requisite, and where nee of two-thirds is required, the Constitution is explicit in confining that two-thirds to the members present) as in cases of treaties and impeachments; -and also a fifth of the mem beta present requesting the yeas and nays.
The speaker says the Constitution confines the two-thirds required in impeachments to the members present, as Article I, Section 3, clause 6 does.
- quoted bySuggestedSenate, December 2, 1803, ¶ 115
When two-thirds of the Senate are requisite to consent and advise to a treaty, the words are two-thirds of the Senators present." To convict on impeachment "twothirds of the members present." Yeas and nays are to be entered on the Journal " at the desire of one-fifth of those present." In the two first cases ills requisite to act immediately,…
The paragraph quotes the words for conviction on impeachment, "two-thirds of the members present," from Article I, Section 3, clause 6.
- quoted bySuggestedSenate, February 26, 1869 (2), ¶ 99
The Presiding Officer will observe in article one, section three, paragraph six, on the subject of' impeachment, that it is provided that the Senate shall try the impeachm nt and no person shall be convicted without the concurrence of two thirds of the members present." In one case the Constitution- speaks of two thirds of the members present deciding the question, and in the other ease the bill must have two thirds of the body."…
The paragraph cites "article one, section three, paragraph six" on impeachment and quotes, in quotation marks, its words "no person shall be convicted without the concurrence of two thirds of the members present".
- cited bySuggestedSenate, February 19, 1965 (3), ¶ 219
' The impeachment failed by one vote because the Constitution provided for a two-thirds vote to convict.
The paragraph names the requirement of the Constitution of two thirds of the Senate to convict on impeachment, which is Article I, Section 3, Clause 6.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 152
The only thing that saved Andrew Johnson from impeachment, and saves us from behaving as a "banana republic" often behaves on the seizure of power by ambitious men, was the provision of the Constitution that required a two-thirds vote before the President could be removed from office.
The paragraph names the requirement of the Constitution of two thirds of the Senate to convict on impeachment, which is Article I, Section 3, Clause 6.
- cited bySuggestedSenate, February 19, 1965 (5), ¶ 157
The Constitution provides, · for example, that a President can be impeached, and be removed from office by the Senate.
The paragraph names the provision for the trial of impeachments by the Senate, Article I, Section 3, Clause 6.
On Article I, Section 3 as a whole
- cited bySuggestedHouse, June 21, 1911, ¶ 76
- cited bySuggestedHouse, June 21, 1911, ¶ 78
- cited bySuggestedHouse, June 21, 1911, ¶ 619
- cited bySuggestedSenate, July 5, 1909, ¶ 5
- cited bySuggestedSenate, July 5, 1909 (2), ¶ 417
- cited bySuggestedSenate, June 12, 1911, ¶ 535
- cited bySuggestedSenate, May 22, 1911, ¶ 13
- cited bySuggestedSenate, May 22, 1911, ¶ 48
- cited bySuggestedSenate, May 23, 1911, ¶ 79
- cited bySuggestedSenate, April 23, 1912, ¶ 4
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