The Constitution, Article I, Sec. II, Clause 5, states that “The House of Representatives . . . shall have the sole Power of Impeachment.”
Note that
the language on its face establishes unambiguously that the power belongs to the House of Representatives collectively, not to the Speaker of the House and not to a House Committee Chairman.
This makes sense because, to the extent impeachment overturns the People’s will, it’s important for the next election cycle that the People’s representatives go on record with their stand on the issue.
True, the Constitution does not set forth the precise procedure the House must follow for impeachment.
That said — and I know you will find this surprising
history does not support initiating a presidential impeachment using anything other than a resolution voted upon by the full House.
In our nation’s history,
only three sitting presidents have been subject to impeachment proceedings.
The House initiated Andrew Johnson’s impeachment after voting on a Resolution to Impeach, and only after that vote was counted did the House order the Judiciary Committee to meet and draw up articles of impeachment which the House then voted to approve and send to the Senate.
Over a century later,
the process to impeach Richard Nixon began when the entire House voted on a resolution to send the matter for investigation to the Judiciary Committee.
And
Bill Clinton’s impeachment likewise began when the full House voted on a resolution to begin the impeachment process.
~~
the Founders adopted the impeachment process from Britain’s historical practice, which dates back to the 14th century.
For instance, in the 19th century series Precedents of Proceedings in the House of Commons, Vol. IV (Relating to Conference, and Impeachment), the author traces all of the impeachment proceedings in the House of Commons over a period of centuries,
none of which, to the extent it can be ascertained, support initiating proceedings by anything other than a full vote of the body.
http://www.bookwormroom.com/2019/10/...r-impeachment/
Bookmarks