The
power to impeach public officers after leaving office had been
exercised in England from time immemorial. It is well settled
that when in the Constitution or legislation of the United
States a term of English law is used, that the meaning customarily
given to the term in English jurisprudence is to ascribed
to it here.
The history of this clause as found in the proceedings of
the Convention that framed the Constitution, makes very clear
the understanding of that body. They first inserted the words:
"The Senate of the United States shall have power to try all
impeachments, but no person shall be convicted without the
concurrence of two-thirds of the members present, which in
case of impeachment shall not extend further than to removal
from office and disqualification to hold and enjoy any office
of trust and profit under the United States." The framers
of the Constitution regarded the power of impeachment as absolutely
essential to the working of the Government.
That clearly gave the two Houses of Congress the common law
powers of impeachment, as exercised by Parliament.
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