The goal of this article is to critically evaluate, what role the impeachment plays in the U. S. Constitutional system and how it contributes to ensuring accountability of elected officials in the USA. To this end, the author will provide a short overview of the development of the institution of impeachment, discuss the current regulation of impeachment in the U. S. Constitution and the application of impeachment in practice, assessing its efficiency and role in the constitutional system. Finally, the conclusions will be reflected upon from the viewpoint of the Czech Constitutional system and its model of constitutional accountability.
The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights.
The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller (554 U.S. 570 (2008)).
It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”
article, the ethics of public service and the two Emoluments Clauses The Foreign Emoluments Clause, U.S. Const. art. I, § 9, cl. 8; the Domestic Emoluments Clause, U.S. Const. art II, §1, cl. 7. of the U.S. Constitution will be examined, along with the first reported federal judicial opinions about who can bring a lawsuit under either of the two Emoluments Clauses, and what “emoluments” meant to the Framers of the Constitution. U.S. law regarding conflicts of interest in the private sector––as well as findings in behavioral psychology––will be used to compare the
The Constitution’s Postal Clause granted Congress power to “establish Post Offices and post Roads.” This Article examines founding-era legal and historical materials to determine the original meaning and scope of the Postal Clause. It concludes that the Clause authorized Congress to pass all legislation necessary to create, operate, and regulate a unified transportation, freight, and courier system, although it also limited congressional authority in some respects. The founding-era reasons for the postal system were revenue, promotion of commerce, and political control. The Article also corrects some inaccurate claims about the Clause previously advanced by commentators.
requirement in the U.S. Constitution that the President be at least 35 years old and Senators at least 30 is unusual and reflects the felt importance of mature judgment to the effective discharge of the duties of these important offices; nor, as the cases we have just cited hold, may Congress or the states supplement these requirements. Herman v. Local 1011, United Steelworkers of Am., AFL-CIO, CLC, 207 F.3d 924, 925 (7th Cir. 2000) (Posner, C.J.) (citing Powell and U.S. Term Limits, Inc .). Federal district courts, i.e., trial courts, including those outside of Chief
against officials of foreign governments and the personal immunity of foreign sovereigns was established. It placed limitations on judicial review where the courts respected the right of the executive to deny jurisdiction. One constitutional safeguard is that certain cases have been designated as involving “political questions.” Such cases are non-justiciable, as they are not a “case or controversy” as required by Article III of the U.S. Constitution which only allows judicial intervention in such circumstances. U.S. Constitution Article III, Section 2 states: The
’ Foreign Statements About the U.S. Constitution’, available at the website http://volokh.com/2012/02/03/u-s-justices-foreign-statements-about-the-u-s-constitution/ (last access 5 November 2017). • Walton Frederick P., 1899, ‘The Civil Law and the Common Law of Canada’, The Juridical Review , XI: 282-301. • Waluchow Wilfrid J., 2007, A Common Law Theory of Judicial Review: The Living Tree , Cambridge University Press, Cambridge. • Warner La Forest Anne, 2004, ‘Domestic Application of International Law in Charter Cases: Are We There Yet?’, University of British
. Constitution. Impeachment of federal judges. Retrieved from https://ballotpedia.org/Impeachment_of_federal_judges U.S. Constitution. The Bill of Rights & All Amendments. Note 10. Retrieved from http://constitutionus.com/#n10 United States Senate Committee on Governmental Affairs & House of Representatives Committee on Government Reform (published after each Presidential election). Plum book. Wheeler, B. K. (1937, March 10). First Member of the Senate to back the President in ‘32. Chicago Forum. Retrieved from http
References Alderman v. United States and Soldal v. Cook County, 506 U.S. 56 (1992). Fourth amendment of the U.S. Constitution. Hanzai Sousa no tameno Tsushin bouju ni kansuru Ho [Act on Wiretapping for Criminal Investigation], Law no. 137 of 1999. (Japan). HIRAMATSU,Tsuyoshi, KOJIN JOUHUO HOGO [Protection of personal information] Japan: Gyosei, 1999, pp. 47, 108, 195. House of Representatives of Japan, Question by Member of House of Representatives Takeshi Shina (7. December, 2017). IBUSUKI, Makoto, Kanshi no Jidai to Puraibashi [The age of surveillance and
, vol. 58, p. 404. SIMONIS, Mindaugas. The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation. Baltic Journal of Law & Politics , 2017, vol. 10, pp. 92–93. SKINNER, Gwynne. Misunderstood, Misconstrued, and Now Clearly Dead: The “Political Question Doctrine” as a Justiciability Doctrine. Journal of Law and Politics , 2014, vol. 29, p. 431. The Constitutional Court of Korea: The First Ten Years of the Korean Constitutional Court . Sixteenth Volume. Seoul, 2001. TOMOSZEK, Maxim. Impeachment in the U.S