The Improved Impeachments Resolution of 2022
NOVEMBER 17th, 2022
A JOINT RESOLUTION TO IMPEACHMENT PROCEEDINGS
SECTION I: SEVERABILITY; EFFECTIVENESS
- If any part of this legislation is struck down by the Firestone Supreme Court this legislation shall be null and void.
- This legislation shall be deemed effective once all conditions outlined by the constitution necessary for its passage are fulfilled properly.
SECTION II: DEFINITIONS
- Hereinafter, the “A Senate Resolution for Realistic Impeachment Trials” shall be defined as A Senate Resolution for Realistic Impeachment Trials
- Hereinafter, the “Senate Standing Rules” shall be defined as https://drive.google.com/file/d/1V-Kk9zKBpihyxJF1sZoBzV9lnUcBGgv5/view
SECTION III: DOCUMENTATION
- For any and all impeachments, the Representative(s) who chief-sponsor the resolution will be referred to as “managers” and have the option to act as the prosecution in the Senate Impeachment trial. The managers have the burden of proof and must show beyond a reasonable doubt that the accused is, in fact, guilty of all crimes presented.
- Should there be two or more chief-sponsors, they will vote and pick a “head manager”. The rest of the chief-sponsors will be managers. Should there only be one chief-sponsor, s/he will be “head manager” by default.
- The head manager will have the authority to manage the managers, and can appoint and remove any and all managers. There will be no more than five (5) managers, including the head manager, at a time. The Speaker of the House will also have this authority, but he cannot remove managers, and he cannot add more than three (3) managers in each case, and should they be removed by the head manager, s/he cannot fill said spot that was refused by the head manager. Managers are strictly members of the House of Representatives.
- Upon passage of articles of impeachment in the House, the chief-sponsor(s) shall be mandated to propose an initial prosecuting team to the House of Representatives within 24 hours. Upon proposal of the initial prosecuting team, the Presiding Officer shall open the floor to discussion for 24 hours which Representatives can object to members of the initial prosecuting team. If there is no discussion or objections, then the initial prosecuting team shall be approved. Representatives can also “motion to proceed questioning” to skip this process. If there is an objection to a member of the initial prosecuting team and a second to that objection, if the Representatives vote majority in favor of striking that individual from the prosecution, then they shall be removed and cannot be added back to the prosecution. The chief-sponsor(s) cannot be removed from the prosecution team, and shall have the authority to appoint and remove members of the prosecution after the initial prosecution is approved.
- Should the head manager be expelled, resigned, or otherwise is incapable of executing the duties of his job, the Speaker must appoint a new head manager.
- For any and all impeachments, said person(s) who have been impeached from the House of Representatives will be referred to as the “accused”, and will have the option to appoint any and all citizens as legal counsel. The accused will have the authority to manage his legal counsel, and may have no more than five (5) members on his legal counsel, excluding him/herself. The accused will be presumed innocent unless proven guilty via conviction. The accused will also hold the authority to waive his/her constitutional right to force the Senate to hear his/her testimony, if applicable, and done under free will.
Proceedings in an impeachment trial shall proceed as follows:
a. All present Senators will take an oath as stated in Article 2.3
b. The manager(s), the accused, and the accused’s legal counsel, if applicable, shall take an oath as stated in Article 2.4
c. All of the charges will then be read aloud to the chamber by the managers.
d. The manager(s) will deliver opening statements first, and present ONLY the evidence in the Articles of Impeachment to the Senators.
e. The accused and/or his/her legal team (if applicable) will then deliver opening statements.
f. The manager(s) will then have the floor to call any and all witnesses, or discuss the evidence presented should they have no witnesses.
g. The accused and/or his/her legal team (if applicable) will have the power to cross-examine any and all witnesses, and, should the manager(s) discuss the evidence, they can do the same as well.
h. The accused and/or his/her legal team (if applicable) will then present their closing statements.
i. The manager(s) will then present their closing statements.
j. The floor will then be opened to debates strictly for Senators.
k. Once all Senators who wish to debate do in fact debate, the floor will then proceed to a vote.
Should any user willfully tell a lie or otherwise untrue statement, after having taken an oath or affirmation during a trial, any and all statements made by said user will be not considered at all in deliberations.
All present Senators must take this oath, administered by the Lieutenant Governor, in order to vote on the trials impeachment: “Do you solemnly swear that in all things appertaining to the trial of the impeachment of [username of the accused] [rank of the accused] now pending, you will do impartial justice, according to the Constitution and laws, so help you God?” So help you God is optional. The President Pro Tempore (or an otherwise selected Senator via vote) will administer this same oath to the Lieutenant Governor before the Lieutenant Governor swears in the Senators.
All managers, the accused, and the accused legal team shall take the following oath, administered by the Lieutenant Governor: “Do you solemnly swear, that you will tell the truth, and nothing but the truth, so help you God?” So help you God is optional.
- Should there be a “motion to proceed with irregular trial procedures”, the impeachment will be handled as a normal bill, except the accused shall have 24 hours to provide a statement to the Senate in their defense.
SECTION IV: ENFORCEMENT
- This resolution shall only go into effect upon the passage of, “An Extension to the Improved Impeachments Resolution of 2022”
- The legislative, executive, and judicial branches shall enforce this legislation upon passing.