What is the definition of impeachment and is it the Founding Fathers cure for keeping the executive branch from becoming a dictatorship during war or preconceived notion of a national threat?

Answer 1

Understand this first: when someone commits a felony, before that person can be brought to trial, an indictment must be obtained by the prosecuting attorney. This means that the prosecutor must present his or her evidence to a grand jury; the grand jury will decide whether or not there is sufficient evidence to warrant an indictment.

An impeachment, in a sense, is just like an indictment. In fact, an impeachment is the bringing of charges against an elected or public official by the House of Representatives. Therefore, the House chamber of Congress acts as a grand jury in this situation and the impeachment is just like an indictment.

Many people think that impeachment is the arrest, conviction, or overthrowing of an official's office. This is untrue. In fact, two-thirds of the House must vote for the impeachment in order for it to take affect. Moreover, if the impeachment makes it, the official to whom charges are brought against still has the right to a trial. The impeachment alone means nothing. After obtaining an impeachment, The Senate chamber of Congress has to try the official.

The prime example of this is the case of former President Bill Clinton. Clinton was impeached, but he was never convicted during the trial phase. In fact, there have been two Presidents impeached (i.e. Andrew Johnson and Bill Clinton), butnone have been convicted. Many people think that Richard Nixon was impeached; this is untrue. Nixon resigned before the impeachment was carried out.

To answer the second part of your question, adding a clause concearning impeachment to the U.S. Constitution was the framers' way of saying, "No persons, elected officials included, are above the law." It is just that and nothing more.