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The Senate becomes jury and judge, except in the case of presidential impeachment trials when the chief justice of the United States presides. The USA federal Constitution requires 75% vote of the Senate to convict, the penalty is removal from office and disqualification to hold any future office in the future and mostly both.  There is no appeal

When trying officials who have been impeached by the House of Representatives, the senate conducts the impeachment trial.  

In the United States constitution, the House of Representatives has the sole power of impeachment (article 1, section 2) but the constitution also provides that senate has the sole power to try impeachment of any sort, however, no official can be impeached without a consensus of the two-third member present (article 1, section 3).  

Further Explanation

The US constitution says, the president, vice present and all civil officers can be impeached and tried for various offences.  

The concept of impeaching elected or appointed government official originated from England. It was however adopted and implemented by American colonial government and states constitutions.  

In 1787 constitutional convention, the framers of the United State constitution examined difference possibilities before they decided that the senate should have the constitutional power to try impeachment.  

The framers of the constitution saw impeachment as a serious issue and they also considered it would encourage check and balance within the polity, in such a way that any elected government or civil official can be impeached and tried.  

In the proceeding of impeachment, a two-third vote of House of Representatives is required to charge and approve an impeachment of an official, then a committee of representatives, also known as managers will acts as prosecutors before the senate.  

The senate chamber acts as the courtroom. Therefore, the senate becomes the judge and the jury, but the chief justice presides in a matter involving presidential impeachment.  

For the senate to convict, the United State Constitutions provides that a two-third vote of the senate is required.  

The disqualification from holding any government office can also be imposed by the senate and there is no room for appeal.  

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KEYWORDS:

  • senate
  • house of representatives
  • congress
  • US constitution
  • check and balances