,,iv #aacth ,,congress #b;d ,session ,h4 ,,res4 #ggi ,,in ,,the ,,house ,,of ,,representatives ,december #aa1 #bjad ,mr4 ,bentivolio submitted the following resolution2 which was referred to the ,committee on the ,judiciary ,,resolution ,to establish prospective standards effective ,january #bj1 #bjag defining impeachable high crimes and misdemeanors within the meaning of ,article ,,ii1 section #d as applied to the ,president of the ,united ,states to provide fair warning and evenhandedness in the administration of the impeachment power of the ,house of ,representatives4 ,whereas ,article ,,ii1 section #d of the ,constitution provides that1 ,the ,president1 ,vice ,president and all civil ,officers of the ,united ,states1 shall be removed from ,office on ,impeachment for1 and ,conviction of1 ,treason1 ,bribery1 or other high ,crimes and ,misdemeanors2 ,whereas ,article ,i1 section #b1 clause #e provides that1 ,the ,house of ,representatives ''' shall have the sole power of impeachment2 ,whereas ,benjamin ,franklin at the constitutional convention described the impeachment power as the alternative to the historical practice of assassination to remove tyrants2 ,whereas the constitutional convention rejected neglect of duty or maladministration as impeachment standards in favor of high crimes and misdemeanors because the former terms were too broad2 ,whereas ,alexander ,hamilton in ,federalist #fe explained that impeachable offenses proceed from the misconduct of public men1 or1 in other words1 from the abuse or violation of some public trust4 ,they are of a nature which may with peculiar propriety be denominated ,,political1 as they relate chiefly to injuries done immediately to the society itself2 ,whereas impeachable high crimes and misdemeanors has an objective meaning based on the intent of the ,constitution's framers and ,british impeachment precedents2 ,whereas then ,congressman ,gerald ,r4 ,ford erred in #aigj when he declared that1 ,an impeachable offense is whatever a majority of the ,house of ,representatives considers it to be at a given moment in history2 ,whereas the ,house of ,representatives has voted articles of impeachment against two ,presidents1 one ,cabinet officer1 one ,senator1 one ,supreme ,court ,justice1 and eleven 7#aa7 ,federal judges without providing a general standard for defining an impeachable offense2 ,whereas the law should warn before it strikes2 ,whereas the absence of impeachment standards creates an appearance that impeachment is a partisan exercise1 which undermines its legitimacy and deters its use2 ,whereas the impeachment power of the ,house of ,representatives is a cornerstone safeguard against ,presidential tyranny2 ,whereas the past neglect of the ,house of ,representatives to use the impeachment power against ,presidential usurpations and lawlessness has concentrated alarming power in the executive branch1 crippled liberty1 undermined transparency1 and encouraged ,presidents to further aggrandizements2 and ,whereas it would be unfair and would carry an appearance of partisanship if newly articulated impeachment standards were applied to the incumbent ,president3 ,now1 therefore1 be it #a4 ,definition of ,presidential impeachable offenses ,the ,house of ,representatives declares that the following ,presidential actions shall constitute impeachable high crimes and misdemeanors within the meaning of ,article ,,ii1 section #d1 which will cause the ,house to vote an article or articles of impeachment to send to the ,senate for trial-- 7#a7 initiating war without express congressional authorization2 7#b7 killing ,american citizens in the ,united ,states or abroad who are not then engaged in active hostilities against the ,united ,states without due process 7unless the citizen was then under indictment for a felony and the killing was necessary to prevent imminent serious physical danger to third parties72 7#c7 failing to superintend subordinates guilty of chronic constitutional abuses2 7#d7 expending money in violation of conditions imposed for the expenditure of appropriated funds2 7#e7 intentionally lying to ,congress to obtain an authorization for war2 7#f7 failing to take care that the laws be faithfully executed through signing statements or systematic policies of non-enforcement2 7#g7 substituting executive agreements for treaties2 7#h7 intentionally lying under oath to a ,federal judge or grand jury2 7#i7 misusing ,federal agencies to advance a partisan political agenda2 and 7#aj7 refusing to comply with a congressional subpoena for documents or testimony issued for a legitimate legislative purpose4 #b4 ,effective date ,this ,resolution shall take effect on ,january #bj1 #bjag4