[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-3]
[Page 62-74]
ARTICLE II.
Section 1. \1\ The <> executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the Term of
four years, and together with the Vice President, chosen for the same
Term, be elected, as follows:
George <> Washington took the oath of office, as the first President on
April 30, 1789 (III, 1986). The two Houses of the First Congress found,
after examination by a joint committee, that by provisions made in the
Federal Constitution and by the Continental Congress, the term of the
President had, notwithstanding begun on March 4, 1789 (I, 3). The 20th
amendment, declared to have been ratified on February 6, 1933, provides
that
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Presidential terms shall end and successor terms shall begin at noon on
January 20. Thus, Franklin D. Roosevelt's first term began on March 4,
1933, but ended at noon on January 20, 1937. Formerly, when March 4 fell
on Sunday, the public inauguration of the President occurred at noon on
March 5 (III, 1996; VI, 449). Following ratification of the 20th
amendment, the first time inauguration day fell on Sunday was January
20, 1957, and Dwight David Eisenhower took the oath for his second term
in a private ceremony at the White House on that day followed by a
public inauguration ceremony on the steps of the East Front of the
Capitol on Monday, January 21, 1957. A similar scenario was followed at
the beginning of President Reagan's second term, with the oath being
given at the White House on January 20, 1985, followed by a public
ceremony on Monday, January 21, in the Rotunda of the Capitol. The 22d
amendment provides that no person shall be elected President more than
twice.
\2\ Each <> State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may be
entitled in the Congress; but no Senator or Representative, or Person
holding an Office of Trust or Profit under the United States, shall be
appointed an Elector.
Questions <> of the qualifications of electors have arisen, and in one
instance certain ones were found disqualified, but as their number was
not sufficient to affect the result and as there was doubt as to what
tribunal should pass on the question the votes were counted (III, 1941).
In other cases there were objections, but the votes were counted (III,
1972-1974, 1979). In one instance an elector found to be disqualified
resigned both offices, whereupon he was made eligible to fill the
vacancy thus caused among electors (III, 1975).
\3\ [The <> Electors
shall meet in their respective States and vote by Ballot for two
Persons, of whom one at least shall not be an Inhabitant of the same
State with themselves. And they shall make a List of all the Persons
voted for, and of the Number of Votes for each; which List
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they shall sign and certify, and transmit sealed to the Seat of
Government of the United States, directed to the President of the
Senate. The President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the Certificates, and the Votes
shall then be counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a majority of the whole Number
of Electors appointed: and if there be more than one who have such
Majority, and have an equal Number of Votes, then the House of
Representatives shall immediately chuse by Ballot one of them for
President; and if no Person have a Majority, then from the five highest
on the List the said House shall in like manner chuse the President. But
in chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for this
purpose shall consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to a Choice.
In every Case, after the Choice of the President, the Person having the
greatest Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more who have equal Votes, the Senate
shall chuse from them by Ballot the Vice-President.]
This third clause of article II, section 1 was superseded by the 12th
amendment (see Sec. Sec. 219-223, infra).
<> \4\ The Congress may determine the Time of chusing
the Electors, and the Day on which they shall
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give their Votes; which Day shall be the same throughout the United
States.
The time for choosing electors has been fixed on ``the Tuesday next
after the first Monday in November, in every fourth year''; and the
electors in each State ``meet and give in their votes on the first
Monday after the second Wednesday in December next following their
appointment, at such place in each State as the legislature of such
State shall direct'' (III, 1914; VI, 438; 3 U.S.C. 1, 7). The statutes
also provide for transmitting to the President of the Senate
certificates of the appointment of the electors and of their votes (III,
1915-1917; VI, 439; 3 U.S.C. 11).
\5\ No <> Person except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this Constitution, shall
be eligible to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to the Age of thirty
five Years, and been fourteen Years a Resident within the United States.
\6\ In <> Case of
the Removal of the President from Office, or of his Death, Resignation,
or Inability to discharge the Powers and Duties of the said Office, the
Same shall devolve on the Vice President, and the Congress may by Law
provide for the Case of Removal, Death, Resignation or Inability, both
of the President and Vice President, declaring what Officer shall then
act as President, and such Officer shall act accordingly, until the
Disability be removed, or a President shall be elected.
Amendment <> XXV
provides for filling a vacancy in the office of the Vice President and,
when the President is unable to perform the duties of his office, for
the Vice President to assume those powers and duties as Acting
President. During the 93d Congress, President Richard M. Nixon resigned
from office on Au
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gust 9, 1974, by delivering a signed resignation to the office of the
Secretary of State, pursuant to 3 U.S.C. 20. Pursuant to amendment XXV,
Vice President Gerald R. Ford became President and the House and Senate
confirmed his nominee, Nelson A. Rockefeller, to become Vice President
(December 19, 1974, p. 41516).
Congress has also provided for the performance of the duties of the
President in case of removal, death, resignation or inability, both of
the President and Vice President (3 U.S.C. 19).
\7\ The <> President
shall, at stated Times, receive for his Services, a Compensation, which
shall neither be encreased nor diminished during the Period for which he
shall have been elected, and he shall not receive within that Period any
other Emolument from the United States, or any of them.
The compensation of the President, formerly fixed at $200,000 per
annum (3 U.S.C. 102), was increased to $400,000, effective January 20,
2001 (P.L. 106-59). In addition the law provides an expense allowance of
$50,000 (3 U.S.C. 102), and authorizes a travel allowance of not to
exceed $100,000 (3 U.S.C. 103).
\8\ Before <> he enter on the
Execution of his Office, he shall take the following Oath or
Affirmation:--``I do solemnly swear (or affirm) that I will faithfully
execute the Office of President of the United States, and will to the
best of my Ability, preserve, protect and defend the Constitution of the
United States.''
The <> taking of this
oath, which is termed the inauguration, is made the occasion of certain
ceremonies which are arranged for by a joint committee of the two Houses
(III, 1998, 1999; VI, 451). For many years the oath was normally taken
at the east portico of the Capitol, although in earlier years it was
taken in the Senate Chamber or Hall of the House (III, 1986-1995). On
March 4, 1909, owing to inclemency of the weather, the President-elect
took the oath and delivered his inaugural address in the Senate Chamber
(VI, 447). And when Vice President Fillmore succeeded to the vacancy in
the office of President, Congress being in session, he took the oath in
the Hall of the House in the presence of the Senate and House (III,
1997). In 1945
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Franklin D. Roosevelt, who had been elected for his fourth term as
President, took the oath of office on the south portico at the White
House. On August 9, 1974, Gerald R. Ford, who as Vice President
succeeded to the Presidency following the resignation of President Nixon
on that day, was sworn in in the East Room of the White House. The West
Front of the Capitol was first used for the inaugural ceremony for
Ronald W. Reagan, Jan. 20, 1981. Because of extreme cold, the public
administration of the oath was for the first time held in the Rotunda of
the Capitol, rather than on the West Front, as scheduled, on January 21,
1985. Permission for such use is authorized by concurrent resolution
(see, e.g., S. Con. Res. 144, 98th Cong. Oct. 9, 1984, p. ----).
Section 2. \1\ The <> President shall be Commander in Chief of the Army and Navy of
the United States, and of the Militia of the several States, when called
into the actual Service of the United States; he may require
the <> Opinion,
in writing, of the principal Officer in each of the executive
Departments, upon any Subject relating to the Duties of their
respective <> Offices, and he shall have Power to grant Reprieves and
Pardons for Offences against the United States, except in Cases of
Impeachment.
In <> the
93d Congress, the Congress passed over the President's veto Public Law
93-148, relating to the power of Congress to declare war under article
I, section 8, clause 11 (Sec. 127, supra) and the power of the President
as Commander in Chief. For further discussion of the reports to Congress
required and the procedure for congressional action provided under
Public Law 93-148, see Sec. 128, supra.
In <> 1974, President
Ford exercised his power under the last phrase of this clause by
pardoning former President Nixon for any crimes he might have committed
during a certain period in office (Proclamation 4311, September 8,
1974). The former President had resigned following an impeachment
inquiry in the House and the decision of the Committee on the Judiciary
to report to the House recommending his impeachment by the House (Aug.
20, 1974, p. 29219).
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\2\ He <> shall have Power,
by and with the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the Senate, shall
appoint Ambassadors, <> other public Ministers and Consuls, Judges of the Supreme
Court, and all other Officers of the United States, whose Appointments
are not herein otherwise provided for, and which shall be established by
Law; but the Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the Courts of
Law, or in the Heads of Departments.
The power of the President to appoint diplomatic representatives to
foreign governments and to determine their rank is derived from the
Constitution and may not be circumscribed by statutory enactments (VII,
1248). In Buckley v. Valeo, 424 U.S. 1 (1976) the Supreme Court held
that any appointee exercising significant authority (not merely internal
delegable authorities within the legislative branch) pursuant to the
laws of the United States is an Officer of the United States and must
therefore be appointed pursuant to this clause, and that Congress cannot
by law vest such appointment authority in its own officers or require
that Presidential appointments be subject to confirmation by both
Houses.
\3\ The <> President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
Section 3. <> He shall
from time to time give to the Congress Information of the State of the
Union, and recommend to their Consideration such Measures as he shall
judge necessary and expedient; * * *
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In the early years of the Government the President made a speech to
Congress on its assembling (V, 6629), but in 1801 President Jefferson
discontinued this practice and transmitted a message in writing. This
precedent was followed until April 8, 1913, when the custom of
addressing Congress in person was resumed by President Wilson and, with
the exception of President Hoover (VIII, 3333) has been followed
generally by subsequent Presidents. Only messages of major importance
are delivered in person. A message in writing is usually communicated to
both Houses on the same day, but an original document accompanying can
of course be sent to but one House (V, 6616, 6617). The President's
State of the Union message delivered in person to the 95th Congress,
second Session, together with separate hand-delivered written messages,
were referred on motion to the Union Calendar and ordered printed (Jan.
19, 1978, p. 152). In early years confidential messages were often sent
and considered in secret session of the House (V, 7251, 7252).
By <> law (31 U.S.C. 1105),
the President is required to transmit the Budget to Congress on or after
the first Monday in January but not later than the first Monday in
February each year. In addition, he is required to submit a supplemental
budget summary by July 16 each year (31 U.S.C. 1106). Submission of the
Economic Report of the President is required within 10 days after the
submission of the January budget (15 U.S.C. 1022). The Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C. 601) requires the
transmittal to Congress by the President of amendments and revisions
related to the budget on or before April 10 and July 15 of each year. In
addition, the Act provides for the transmittal of messages proposing
rescissions and deferrals of budget authority (2 U.S.C. 682).
When the President has indicated that he will address Congress in
person a concurrent resolution is adopted by both Houses arranging for a
joint session to receive the message. At the appointed hour the Members
of the Senate arrive. The President of the Senate (the Vice President)
sits to the right of the Speaker, but in the absence of the Vice
President, the President pro tempore sits to the left of the Speaker
(Nov. 27, 1963, p. 22838). The Speaker presides.
The <> ceremony of receiving a message in writing is simple (V,
6591), and may occur during consideration of a question of privilege (V,
6640-6642) or before the organization of the House (V, 6647-6649) and in
the absence of a quorum (V, 6650; VIII, 3339; clause 7 of rule XX).
But, with the exception of vetoes, messages are regularly laid before
the House only at the time prescribed by the rule for the order of
business (V, 6635-6638) within the discretion of the Speaker (VIII,
3341). While a message of the President is always read in full the
latest rulings have not permitted the reading of the accompanying
documents to be demanded as a matter of right (V, 5267-5271; VII, 1108).
A concurrent resolution
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providing for a joint session to receive the President's message was
held to be of the highest privilege (VIII, 3335).
* * * <> he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement between them,
with Respect to the Time of Adjournment, he may adjourn them to such
Time as he shall think proper; * * *
In certain exigencies the President may convene Congress at a place
other than the seat of government (I, 2; 2 U.S.C. 27). Congress has
frequently been convened by the President (I, 10, 11; Nov. 17, 1947, p.
10578; July 26, 1948, p. 9362), and in one instance, when Congress had
provided by law for meeting, the President called it together on an
earlier day (I, 12). The Congress having adjourned on July 27, 1947, p.
10521, and on June 20, 1948, p. 9350, to a day certain, the President
called it together on an earlier date than that to which it adjourned
(Nov. 17, 1947, p. 10577; July 26, 1948, p. 9362). There has been some
discussion as to whether or not there is a distinction between a session
called by the President and other sessions of Congress (I, 12,
footnote).
* * * <> he shall receive Ambassadors and other
public Ministers; he shall take Care That the Laws be faithfully
executed, and shall Commission all the officers of the United States.
Section 4. <> The
President, Vice President, and all civil Officers of the United States,
shall be removed from Office on Impeachment for, and Conviction of,
Treason, Bribery, or other high Crimes and Misdemeanors.
In <> the
Blount trial the managers contended that all citizens of the United
States were liable to impeachment, but this contention was not admitted
(III, 2315), and in the Belknap trial both managers and counsel for
respondent agreed that a private citizen, apart from offense in an
office, might not be impeached (III, 2007). But resignation of the
office, does not prevent impeachment for crime or misdemeanor therein
(III, 2007, 2317, 2444,
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2445, 2459, 2509). In Blount's case it was decided that a Senator was
not a civil officer within the meaning of the impeachment provisions of
the Constitution (III, 2310, 2316). Questions have also arisen as to
whether or not the Congressional Printer (III, 1785), or a vice consul-
general (III, 2515), might be impeached. Proceedings for the impeachment
of territorial judges have been taken in several instances (III, 2486,
2487, 2488), although various opinions have been given that such an
officer is not impeachable (III, 2022, 2486, 2493). A committee of the
House by majority vote held a Commissioner of the District of Columbia
not to be a civil officer subject to impeachment under the Constitution
(VI, 548). An independent counsel appointed under 28 U.S.C. 593 may be
impeached under 28 U.S.C. 596(a), and a resolution impeaching such an
independent counsel constitutes a question of the privileges of the
House under rule IX (Sept. 23, 1998, p. ----).
As <> to what are
impeachable offenses there has been much discussion (III, 2008, 2019,
2020, 2356, 2362, 2379-2381, 2405, 2406, 2410, 2498, 2510; VI, 455;
Impeachment of Richard M. Nixon, President of the United States,
Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, p. 29219;
Associate Justice William O. Douglas, Final Report by the Special
Subcommittee on H. Res. 920, Committee on the Judiciary, Sept. 17, 1970;
Impeachment of William Jefferson Clinton, President of the United
States, H. Rept. 105-830, Dec. 16, 1998). For a time the theory that
indictable offenses only were impeachable was stoutly maintained and as
stoutly denied (III, 2356, 2360-2362, 2379-2381, 2405, 2406, 2410,
2416); but on the 10th and 11th articles of the impeachment of the
President (Andrew Johnson) the House concluded to impeach for other than
indictable offenses (III, 2418), and in the Swayne trial the theory was
definitely abandoned (III, 2019). While there has not been definite
concurrence in the claim of the managers in the trial of the President
that an impeachable offense is any misbehavior that shows
disqualification to hold and exercise the office, whether moral,
intellectual, or physical (III, 2015), yet the House has impeached
judges for improper personal habits (III, 2328, 2505), and in the
impeachment of the President one of the articles charged him with
``intemperate, inflammatory, and scandalous harangues'' in public
addresses, tending to the harm of the Government (III, 2420). There was
no conviction under these charges except in the single case of Judge
Pickering, who was charged with intoxication on the bench (III, 2328-
2341). As to the impeachment of judges for other delinquencies, there
has been much contention as to whether they may be impeached for any
breach of good behavior (III, 2011, 2016, 2497), or only for judicial
misconduct occurring in the actual administration of justice in
connection with the court (III, 2010, 2013, 2017). The intent of the
judge (III, 2014, 2382) as related to mistakes of the law, and the
relations of intent to conviction have been discussed at length (III,
2014, 2381, 2382, 2518, 2519). The statutes make nonresidence of a judge
an impeachable offense, and the House has taken steps
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to impeach for this cause (III, 2476, 2512). There has, however, been
some question as to the power of Congress to make an impeachable offense
(III, 2014, 2015, 2021, 2512). Usurpation of power has been examined
several times in its relations as a cause for impeachment (III, 2404,
2508, 2509, 2516, 2517). There has also been discussion as to whether or
not there is distinction between a misdemeanor and a high misdemeanor
(III, 2270, 2367, 2492). Review of impeachments in Congress showing the
nature of charges upon which impeachments have been brought and
judgments of the Senate thereon (VI, 466). The report accompanying a
resolution to impeach President Clinton, and the debate in the House
thereon, included discussion of the nature of an impeachable offense (H.
Rept. 105-830; Dec. 18-19, 1998, pp. ----). Of the four articles of
impeachment of President Clinton reported by the Committee on the
Judiciary ((1) perjury in grand jury, (2) perjury in a civil deposition,
(3) obstruction of justice, and (4) improper responses to written
questions from the Committee on the Judiciary), only the first and third
were adopted by the House (H. Res. 611, Dec. 19, 1998, p. ----). The
President was acquitted by the Senate on each article (Feb. 12, 1999, p.
----).
The <> articles of
impeachment adopted by the House in 1936 against Judge Ritter charged a
variety of judicial misconduct, including violations of criminal law;
the seventh and general article, upon which Judge Ritter was convicted
by the Senate, charged general misconduct to bring his court into
scandal and disrepute and to destroy public confidence in his court and
in the judicial system (Impeachment by the House, Mar. 2, 1936, p. 3091;
Conviction by the Senate, Apr. 17, 1936, p. 5606). Following his
conviction by the Senate, former Judge Ritter brought an action for back
salary, contending that the Senate had tried and convicted him for
nonimpeachable offenses. The U.S. Court of Claims held that the Senate's
power to try impeachments was exclusive and not subject to judicial
review. Ritter v. United States, 84 Ct. Cls. 293 (1936), cert. denied,
300 U.S. 668 (1937).
In 1970 a special subcommittee of the Committee on the Judiciary
considered charges of impeachment against Associate Justice Douglas of
the Supreme Court. The subcommittee recommended against his impeachment
but concluded that a Federal judge could be impeached (1) for judicial
conduct which is a serious dereliction from public duty and (2) for
nonjudicial conduct which is criminal in nature (Associate Justice
William O. Douglas, Final Report by the Special Subcommittee on H. Res.
920, Committee on the Judiciary, September 17, 1970).
In 1974 the Committee on the Judiciary investigated charges of
impeachment against President Nixon (H. Res. 803, Feb. 6, 1974, p.
2349), and determined to recommend his impeachment to the House. The
President having resigned, the committee reported to the House without
submitting a resolution of impeachment, and the House accepted the
report by resolution (H. Res. 1333, Aug. 20, 1974, p. 29361). The report
of the committee
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included the text of the three articles of impeachment adopted by the
committee. The committee had concluded that impeachable offenses need
not be indictable offenses and had impeached the President (1) for
violating his oath of office and his duty under the Constitution by
preventing, obstructing, and impeding the administration of justice; (2)
for engaging in a course of conduct violating the constitutional rights
of citizens, impairing the administration of justice, and contravening
the laws governing executive agencies; and (3) for failing to honor
subpoenas issued by the Committee on the Judiciary in the course of its
impeachment inquiry (Impeachment of Richard M. Nixon, President of the
United States, Committee on the Judiciary, H. Rept. 93-1305, Aug. 20,
1974, printed in full in the Cong. Record, Aug. 22, 1974, p. 29219).
In 1986, for the first time since 1936, the House agreed to a
resolution impeaching a Federal district judge. Judge Harry Claiborne
had been convicted of falsifying Federal income tax returns. His final
appeal was denied by the Supreme Court in April, and he began serving
his prison sentence in May. Because he declined to resign, however,
Judge Claiborne was still receiving his judicial salary and, absent
impeachment, would resume the bench on his release from prison.
Consequently, a resolution of impeachment was introduced on June 3, and
on July 16, the Committee on the Judiciary reported to the House four
articles of impeachment against Judge Claiborne. On July 22, the
resolution was called up as a question of privilege and agreed to by a
recorded vote of 406 yeas, 0 nays. After trial in the Senate, Judge
Claiborne was convicted on three of the four articles of impeachment and
removed from office on October 9, 1986.
In 1988, the House agreed to a resolution reported from the Committee
on the Judiciary and called up as a question of the privileges of the
House impeaching Federal district judge Alcee L. Hastings for high
crimes and misdemeanors specified in 17 articles of impeachment, some of
them addressing allegations on which the judge had been acquitted in a
Federal criminal trial (H. Res. 499, 100th Cong., Aug. 3, 1988, p.
20206). No trial in the Senate was had before the adjournment of the
100th Congress. In the 101st Congress, the House reappointed managers to
conduct this impeachment in the Senate (Jan. 3, 1989, p. 84); the Senate
began its deliberations on March 15, 1989 (p. 4219); conviction and
removal from office occurred on October 20, 1989 (p. 25335). Also in the
101st Congress, the Senate convicted Federal district judge Walter L.
Nixon on two of the three impeachment charges brought against him (Nov.
3, 1989, p. 27101). For further discussion of the continuance of
impeachment proceedings in a succeeding Congress, see Sec. 620, infra.
In 1998 the House agreed to a privileged resolution reported from the
Committee on Rules, referring to the Committee on the Judiciary a
communication from an independent counsel transmitting under 28 U.S.C.
595(c) evidence of possible impeachable offenses by President Clinton,
and restricting access to the communication and to meetings and hearings
thereon (H. Res. 525, Sept. 11, 1998, p. ----). Later, the House adopted
a privi
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leged resolution reported from the Committee on the Judiciary
authorizing an impeachment inquiry by that committee and investing it
with special investigative authorities to facilitate the inquiry (H.
Res. 581, Oct. 8, 1998, p. ----). The Committee on the Judiciary filed
with the House a privileged report accompanying a resolution containing
four articles of impeachment against President Clinton that alleged: (1)
the President gave perjurious, false, and misleading testimony to a
grand jury; (2) the President gave perjurious, false, and misleading
testimony in a Federal civil action; (3) the President prevented,
obstructed, and impeded the administration of justice relating to a
Federal civil action; and (4) the President abused his office, impaired
the administration of justice, and contravened the authority of the
legislative branch by his response to 81 written questions submitted by
the Committee on the Judiciary (H. Res. 611, Dec. 17, 1998, p. ----).
The chairman of the Committee on the Judiciary called up the resolution
on December 18, 1998 (p. ----). A resolution offered from the floor to
permit the Delegate of the District of Columbia to vote on the articles
of impeachment was held not to constitute a question of the privileges
of the House under rule IX (Dec. 18, 1998, p. ----). To a privileged
resolution of impeachment, an amendment proposing instead censure, which
is not privileged, was held not germane (Dec. 19, 1998, p. ----).
For further discussion of impeachment proceedings, see Sec. Sec. 601-
620, infra; Sec. 31, supra, and Deschler's Precedents, vol. 3, ch. 14.