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Senate rules call for an impeachment trial to begin at 1 pm on the day after articles of impeachment are delivered to the Senate, except for Sundays. There is no timeframe requirement for when the managers must actually deliver the articles of impeachment to the Senate. On the set date, senators are sworn in for the impeachment trial. [14]
The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. Article I, Section 3, Clauses 6 and 7 provide: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation.
Indeed, since 1868, impeachment trials in the U.S. Senate have been governed by the rules created for the impeachment trial of Andrew Johnson, known as the "Rules of Procedure and Practice in the Senate when Sitting on Impeachment Trials". [24] [13] Very few changes have been made to these rules since 1868.
The Chief Justice presides in the Senate during a president's impeachment trial. The rules of the Senate, however, generally do not grant much authority to the presiding officer. Thus, the Chief Justice's role in this regard is a limited one. McCulloch v.
Aside from saying that the House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachment charges, along with stipulating what constitutes an ...
On February 5, 2020, the Senate found Trump not guilty of abuse of power, by a vote of 48–52, with Republican senator Mitt Romney being the only senator—and the first senator in U.S. history—to cross party lines by voting to convict, [22] [23] and not guilty of obstruction of Congress, by a vote of 47–53. [22] [23]
The Senate has exclusive power to confirm U.S. presidential appointments to high offices, and (by two-thirds supermajority to pass main motions) approve or reject treaties, and try cases of impeachment brought by the House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government.
On February 6, 2024, the impeachment failed to pass in the House by a margin of 214-216, with four Republican votes against. [38] On February 13, 2024, the impeachment passed in the House by a margin of 214-213, with three Republicans against. The Senate dismissed both articles without trial on April 17 in two votes along party lines. [39] [40]