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What is the difference?

Debate Information

What is the difference between impeachment and criminal trial?


Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States.
Article I | U.S. Constitution | US Law | LII / Legal Information Institute (cornell.edu)

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.”

oath of office of President - Search (bing.com)

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

Senate and House of Representatives Oath of Office – Oaths US

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, ___ ___, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States. So help me God.”

28 U.S. Code § 453 - Oaths of justices and judges | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

(a)Enlistment Oath.—
Each person enlisting in an armed force shall take the following oath:

“I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

(b)Who May Administer.—
The oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.




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  • just_sayinjust_sayin 962 Pts   -  
    @John_C_87
    What is the difference between impeachment and criminal trial?

    I'm disappointed in you for not knowing this.  Impeachment is a political process that involves the House and then the Senate votes if the the person should be removed.  This is done by the legislature.  The head of the Supreme Court does sit in on the proceedings, but it is a legislative function, not a judicial one - where it would be held in a court.
    John_C_87
  • all4acttall4actt 315 Pts   -  
    @just_sayin

    You are correct except that an impeachment is held in the House of Congress and only  the Chief Justice sits over the proceeding.
    John_C_87Factfinder
  • FactfinderFactfinder 777 Pts   -  
    @all4actt

    The House and the Senate are both what makes up Congress. There is no "house of congress". 
    John_C_87
  • John_C_87John_C_87 Emerald Premium Member 865 Pts   -   edited January 16
    @just_sayin
    " Impeachment is a political process."
    U.S. Constitution - Article I | Resources | Constitution Annotated | Congress.gov | Library of Congress

    Judgment in Cases of Impeachment shall not extend further than removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States

    The Senate shall have the sole Power to try all Impeachments.
    The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
  • all4acttall4actt 315 Pts   -  
    @Factfinder
    I meant the House of Representatives
  • all4acttall4actt 315 Pts   -  
    @John_C_87

    The House of Reprsentatives can impeach.

    The Senate will hold a trial and decide whether or not the impeachment will lead to the removal of the President from his office.

    The only time of this coming close to happening was in the impeachment trial against President Nixon.  When Nixon saw that the votes in the Senate were going toward his removal, he chose to resign.

    He was then tried later by the DOJ and found guilty only to be pardoned later by President Ford.
    John_C_87
  • @all4actt

    So, impeachments occur during the regular sessions of the House of Representatives and Senate or are the officers of the Capital building brought together wile out of session for the sole purpose of impeachment?


  • @just_sayin

    Impeachment is a political process that involves the House and then the Senate votes if the person should be removed.
    Is it to remove from office or determine if a person is fit or capable to fulfill the Oath of Presdiential office? 
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