[19990107]98-990_参议院弹劾程序中的证明标准.pdf

U.S. Const., Art. I, Sec. 2, clause 5.1 U.S. Const., Art I, Sec. 3, clauses 5 and 6.2Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-990 AUpdated January 7, 1999Standard of Proof in Senate ImpeachmentProceedings(name redacted) Legislative AttorneyAmerican Law DivisionSummaryThe Constitution gives the United States Senate the responsibility for tryingimpeachments, but does not address the standard of proof that is to be used in suchtrials. This report concludes that an examination of the constitutional language, history,and the work of legal scholars provides no definitive answer to the question of whatstandard is to be applied. In the final analysis the question is one which historically hasbeen answered by individual Senators guided by their own consciences. At best, the constitutional provisions concerning the power of impeachment provideonly indirect guidance in analyzing the question of what standard of proof is, or shouldbe, applicable to Senate impeachment trials. Nevertheless, those words are the startingpoint for discussions about the nature of impeachment proceedings and the standard ofproof that is or should be