pepperman said:
Jefferson's Manual of Rules for the US House of Representitives - is a manual of Parliamentary Practice, i fail to see how State Legislatures can use this to start try and start impeachment process, when the manual is for the House of Representitives and not state legislatures.
Actually the manual is for politicians...and the article explains the reason the State Legislatures can bring impeachment orders:
"Section 603 of Jefferson's Manual of the Rules of the United States House of Representatives, which allows federal impeachment proceedings to be initiated by joint resolution of a state legislature."
In point of fact it is "The Conservative Caucus" who first thought to use this Section as detailed in their page on impeaching Clinton found here:
http://www.inetresults.com/impeach/index.html
There "Strategy" page details the process here
http://www.inetresults.com/impeach/strategy.html
"B. JEFFERSON'S MANUAL
According to Section 603 of Jefferson's Manual, "there are various methods of setting an impeachment in motion": 1) By charges made on the floor by a member of the House; 2) By charges preferred by a memorial filed by a House member; 3) By charges contained in a Resolution introduced by a House member; 4) By a message from the President; 5) By charges transmitted by a State legislature, or a grand jury; 5) By facts developed and reported by an investigating committee of the House.
According to Section 604 of the Manual, "[a] direct proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business." It does not lose its privilege just because "a similar proposition has been made at a previous time during the same session of Congress." On the other hand, "a resolution simply proposing an investigation, even though impeachment may be a possible consequence, is not privileged." Where, however, "a resolution of investigation positively proposes impeachment or suggests that end, it has been admitted as of privilege."
The evidence supporting an impeachment resolution or a memorial suggesting an impeachment investigation may be based upon a variety of sources, including "common fame." (Section 304) "Common fame" includes information contained in newspaper and other media reports, as well as rumors commonly circulated in the community. The evidence upon which a resolution or memorial is based need not, therefore, be of the kind admissible and sufficient to prove a case in a court of law.
Once an impeachment resolution has been introduced or "charges suggesting impeachment have been made by memorial," the House may order an investigation at once or refer the charges to a Committee for examination and, if the Committee deems it appropriate for an investigation. (Section 605) The Committee may be "a select committee" or a "standing" one. In some instances the Committee has made its "inquiry ex parte," but "in the later practice the sentiment of committees has been in favor of permitting the accused to explain, present witnesses, cross-examine and be represented by counsel." (Section 606)
The purpose of the Committee investigation is to determine if there is sufficient evidence to charge an impeachable offense. If there is, then each "accusation" is to be "exhibited" as an "Article of Impeachment" and, if approved by the full House, "carried to the bar of the Senate" for trial with the House assuming the role of prosecutor. (Section 609)"
So it looks as though really, the Republicans have been hoisted by their own petards.