Conduct of Harry E. Claiborne, U.S. District Judge, District of Nevada: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, Second Session, on H. Res. 461 ... June 19, 1986, Volume 4 |
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Page 2
... quote , that " Judges both of the Supreme and inferior Courts shall hold their Offices during good Behaviour ... high Crimes and Misdemeanors . ' The plain meaning of these constitutional provisions , and several others , is that ...
... quote , that " Judges both of the Supreme and inferior Courts shall hold their Offices during good Behaviour ... high Crimes and Misdemeanors . ' The plain meaning of these constitutional provisions , and several others , is that ...
Page 44
... phrase other high crimes and misdemeanors . Where did that come from , and what is your understanding of what it means ? I appreciate the fact that you have testified that the felonies involved in this case would qualify for that ...
... phrase other high crimes and misdemeanors . Where did that come from , and what is your understanding of what it means ? I appreciate the fact that you have testified that the felonies involved in this case would qualify for that ...
Page 101
... , this memorandum reports upon the history , purpose and meaning of the constitutional phrase , " Treason , Bribery , or other high Crimes and Misdemeanors . " II . The Historical Origins of Impeachment The Constitution provides 101.
... , this memorandum reports upon the history , purpose and meaning of the constitutional phrase , " Treason , Bribery , or other high Crimes and Misdemeanors . " II . The Historical Origins of Impeachment The Constitution provides 101.
Page 102
... high Crimes and Misdemeanors . " The framers could have written simply " or other crimes " -as indeed they did in the provision for extradition of criminal ... phrase used for centuries in English parliamentary impeachments , for the meaning ...
... high Crimes and Misdemeanors . " The framers could have written simply " or other crimes " -as indeed they did in the provision for extradition of criminal ... phrase used for centuries in English parliamentary impeachments , for the meaning ...
Page 103
... means of ex- panding royal power . At the time of the Constitutional Convention the phrase " high Crimes and Misdemeanors " had been in use for over 400 years in im- peachment proceedings in Parliament . It first appears in 1386 in the ...
... means of ex- panding royal power . At the time of the Constitutional Convention the phrase " high Crimes and Misdemeanors " had been in use for over 400 years in im- peachment proceedings in Parliament . It first appears in 1386 in the ...
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Common terms and phrases
9th Cir adopted alleged appointment Archbald Article I charged Article III articles of impeachment attorney bribery cash CATES Chairman Circuit Judge Claiborne Hoffman Claiborne's COBLE committee CONG CONGRESS THE LIBRARY Constitution Convention conviction counsel count crimes and misdemeanors criminal debate defendant defendant's DEWINE DISTRICT JUDGE duties Edmund Randolph executive fact Farrand Federal judge filed framers gentleman GOODMAN Gouverneur Morris Government grand jury grounds for impeachment guilty HENDRICKS high misdemeanor impeachable offense indictment inquiry intended James Jay Wright Joe Conforte Judge Clai Judge Claiborne Judge Hoffman Judge WIGGINS judicial Judiciary Justice KASTENMEIER legislature LIBRARY OF CONGRESS MAZZOLI ment misbehavior misconduct MOORHEAD motion Nevada ninth circuit Oscar Goodman peachment person phrase high Crimes President proceedings Public Integrity Section punishment question record resolution responsibility Senate SENSENBRENNER sentence subcommittee supra Supreme Court tax returns term testimony Thank tion treason United violation vote Watson witness Wright
Popular passages
Page 6 - No evidence or testimony taken in executive session may be released or used in public sessions without the consent of the committee.
Page 68 - Commentary Public confidence in the judiciary is eroded by irresponsible or improper conduct by judges. A judge must avoid all impropriety and appearance of impropriety. He must expect to be the subject of constant public scrutiny. He must therefore accept restrictions on his conduct that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly.
Page 139 - States, having been guilty of a high misdemeanor, entirely inconsistent with his public trust and duty as a Senator, be, and he hereby is, expelled from the Senate of the United States.
Page 108 - Why recourse was had to assassination in wch. he was not only deprived of his life but of the opportunity of vindicating his character. It wd. be the best way therefore to provide in the Constitution for the regular punishment of the Executive when his misconduct should deserve it, and for his honorable acquittal when he should be unjustly accused.
Page 111 - It is a technical term. It is used in a very old statute of that country whose language is our language, and whose laws form the substratum of our laws. It is scarcely conceivable that the term was not employed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it.
Page 112 - ... 67 But he went on to argue that the President must certainly be punishable for giving false information to the Senate. He is to regulate all intercourse with foreign powers, and it is his duty to impart to the Senate every material intelligence he receives. If it should appear that he has not given them full information, but has concealed important intelligence which he ought to have communicated, and by that, means induced them to enter into measures injurious to their country, and which they...
Page 34 - A Judge Should Uphold the Integrity and Independence of the Judiciary An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing, and should himself observe, high standards of conduct so that the integrity and independence of the judiciary may be preserved.
Page 108 - No point is of more importance than that the right of impeachment should be continued. Shall any man be above justice ? Above all, shall that man be above it who can commit the most extensive injustice ? When great crimes were committed, he was for punishing the principal as well as the coadjutors.
Page 134 - Senate, except when they sit to try the impeachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case, and in case of his absence, the Senate shall chuse a President pro tempore — The Vice President when acting as President of the Senate shall not have a vote unless the House be equally divided Sect.
Page 107 - A council to a magistrate, who is himself responsible for what he does, are generally nothing better than a clog upon his good intentions; are often the instruments and accomplices of his bad, and are almost always a cloak to his faults.