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The Chief Justice of the United States (Supreme Court) presides over the impeachment of a President; an "Impeachment Trial Committee" comprising Senators selected by the Presiding Officer of the Senate is in charge of all other impeachment trials. This practice began in 1986 when the Senate amended its rules and procedures for impeachment trials.
According to Article I, Section 2 of the US Constitution, the Chief Justice of the United States presides at impeachment trials when the President is on trial on an impeachment.
When other government officials, including justices of the Supreme Court, are tried on impeachments, the Presiding Officer of the Senate, that is, President of the Senate (the Vice President) or President pro tempore as the case may call for, Presides over the trial.
In some cases where there would be a conflict of interest or if the Vice President or President pro tempore were unavailable, the Senate by resolution will appoint some other person as the presiding officer.
The US Constitution does not require the Senate to sit in full session for every impeachment trial. Sometimes the Senate appoints a committee to take evidence and rule on motions. Afterward, the full Senate considers that evidence, deliberates and makes its decision. This process is spelled out in a supplement to the Rules of the Senate entitled "Rules of Procedure and Practice in the Senate When Sitting on Impeachment Trials."
When Supreme Court Justice Samuel Chase was tried on impeachment, Aaron Burr, Thomas Jefferson's Vice President presided over the trial since he was the President of the Senate.
Recently, when federal District Court Judge G. Thomas Porteous, Jr. was tried on impeachment, evidence was taken by a Senate Impeachment Committee composed of 12 Senators (6 Democrats and 6 Republicans)
Claire McCaskill (D-Mo.) -- Chairman
Orrin G. Hatch (R-Utah) -- Vice Chairman
John Barrasso (R-Wyo.)
Jim DeMint (R-S.C.)
Mike Johanns (R-Neb.)
Ted Kaufman (D-Del.)
Amy Klobuchar (D-Minn.)
James E. Risch (R-Idaho)
Jeanne Shaheen (D-N.H.)
Tom Udall (D-N.M.)
Sheldon Whitehouse (D-R.I.)
Roger Wicker (R-Miss.)
There is no judge per se in an impeachment trial as the Senators themself establish rules of procedure and evidence. However, when the full Senate sits for an impeachment trial the President of the Senate or President Pro Tempore of the Senate serves as the presiding officer in much the same way he would if it were a normal session of the Senate. The only exception to that rule is if the Senate is considering the impeachment of the President of the United States. In that case the Chief Justice of the United States serves as the presiding officer of the Senate.
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What role does the supreme court play in impeachment trials?
The Supreme Court plays no role in impeachment trials. However, in the impeachment trial of the President of the United States, the Chief Justice of the United States serves as presiding officer of the Senate since it would be a conflict of interest to have the vice president presiding over a trial at which he would become President if the current President were to be found guilty.
Who judges the impeachment trial for the Chief Justice of the Supreme Court?
If the Senate tries the Chief Justice, it would follow the procedure used in most impeachment trials. The presiding officer of the Senate or an appointed "Impeachment Trial Committee" would preside, or act as judge, and the other Senators would serve as the jury.This procedure is used for the removal trial of allofficials except the US President, and became legal practice in 1986 when the Senate amended its rules and procedures for impeachment trials. The Chief Justice of the Supreme Court only presides over the impeachment trial of a US President.
Who presides as judge during an impeachment trial before the Senate?
Chef Justice of Supream Court
Who would normally preside over an impeachment trial?
The Chief Justice of the United States presides over a US Presidential impeachment trial; an "Impeachment Trial Committee" comprising Senators selected by the Presiding Officer of the Senate* is in charge of all other impeachment trials. This practice began in 1986 when the Senate amended its rules and procedures for impeachment trials.* The Presiding Officer is not a fixed position. The Vice-President (currently Joe Biden), who also serves as President of the Senate, could be the Presiding Officer; or, in his (or her) absence, the President pro tempore (currently Daniel Inouye, D-HI) could preside; or, anyone the President of the Senate or President pro tempore designates -- even a Junior Senator -- could serve in that capacity.
Can select committee conduct impeachment?
No. While a select committee can recommend that articles of impeachment be brought, it cannot bring charges (articles of impeachment) or conduct the impeachment trial. Articles of Impeachment are brought by the full House of Representatives, and the impeachment trial is conducted by the Senate with the Chief Justice of the Supreme Court presiding.
Who acts like a judge if the senate vote to remove the president?
In the event that the Senate votes to remove a president through the impeachment process, the Chief Justice of the United States Supreme Court acts as the presiding officer and effectively acts as the judge during the trial. The Chief Justice ensures that the proceedings follow proper legal procedures and that all parties are afforded due process.
Who presides over the impeachment trial of a US Supreme Court justice?
Chief Justice
Where is impeachment tried?
The Senate holds the (impeachment) removal trial after the House of Representatives has impeached the president. The Chief Justice of the United States (Supreme Court) only presides over the Senate impeachment trial of a US President; otherwise, the Presiding Officer of the Senate chooses a group of Senators to form an "Impeachment Trial Committee" to act as presiding judges. Certain members of the House of Representatives chosen by it act as prosecutors.
Who presides over the impeachment trial if the president or the vice president is impeached?
If the President is the one impeached, the Chief Justice of the Supreme Court presides over the trial.
Does the vice-president always acts as judge in an impeachment trial?
As President of the Senate, the U.S. Vice President presides over most impeachment trials. However, Article I, Section 3, Clause 6 of the U.S. Constitution specifies that when the President is on trial the Chief Justice of the Supreme Court presides. And although the Constitution doesn't say, I assume that would also be the case if the Vice President were the defendant in an impeachment trial (an incumbent U.S. Vice President has never been impeached to date).
Who is the judge in a United States Presidential impeachment proceeding?
The president would be tried by the senate, and the chief justice of the supreme court would be the judge.
What branch of government holds the trial to impeach a president?
The Senate with the Chief Justice of the U.S. Supreme Court presiding, but the President can be tried for impeachment only after articles of impeachment have been presented to it by the House of Representatives, which in effect, functions as a grand jury to bring charges in the first place.
