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Judging The President

"Hear ye! Hear ye! All persons are commanded to keep silence, on pain of imprisonment." Every working day, the impeachment trial of William Jefferson Clinton opens with those solemn words. For only the second time in history, the U.S. Senate is sitting in judgment of a President.

A Long, Complex Process
More than 200 years ago, when the Founding Fathers were planning a new kind of government for a new kind of country--the United States of America--there was one thing they agreed on: No King! Power should not be concentrated in the hands of one person. And so the authors of the U.S. Constitution carefully divided the power to rule among three parts of government: the Congress, the courts and the President. If the President, Vice President or other high-ranking officials become too powerful or break the law, the other two parts of government have the power to take action.

And that's what impeachment is all about. If a President is suspected of committing a serious crime, the House of Representatives can bring charges against him. Then it is up to the Senate to decide whether the President is guilty. If he's found guilty, he is removed from office.

The Constitution states that a President can be removed for "treason, bribery, or other high crimes and misdemeanors." But it does not define those crimes. Impeachment is a long, complex process. That's why fewer than 20 officials have been impeached in U.S. history.

Judge And Jury
This impeachment trial is not like an ordinary trial. The Senators are the jurors, and the Supreme Court's Chief Justice, William Rehnquist, is the judge. But at times, these jurors will act more like judges. Senators can overturn Rehnquist's rulings with just 51 votes if they disagree with him. At any point in the process, the Senate can vote to stop the trial.

Thirteen members of the House of Representatives, called managers, are presenting the case against the President. They have as long as 24 hours to make their argument. Then Clinton's lawyers will be given 24 hours to present the President's side.

Afterward, Senators will be allowed to submit questions for Rehnquist to read. Once the questions are answered, the Senate will vote on whether to hear witnesses.

Last Thursday, House managers began presenting their case. They said Clinton broke the law by lying under oath when he was questioned about his relationship with Monica Lewinsky, a former White House employee. He broke the law again, they argued, by trying to block an investigation. "President Clinton decided to put himself above the law--not once, not twice, but repeatedly," said Congressman James Sensenbrenner of Wisconsin.

Clinton's lawyers will put up a strong fight. In a written statement, they argued that the managers' accusations fell "far short of what the Founding Fathers had in mind" when they gave Congress the power to impeach. Clinton was guilty of "personal failings," they said, but he should not be removed from office.

After all the arguments have been made, 100 jurors--the Senators elected by the American people--will decide the fate of the President.

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Clinton Should Stay
I do not support the removal of the President, because I believe it would go against the wishes of George Washington, Thomas Jefferson and our other Founding Fathers. They created a standard in our Constitution which we must use to judge the President.

The Constitution says the President should be removed if he commits "Treason, Bribery, or other High Crimes and Misdemeanors." These are serious crimes against the government. President Clinton's actions do not involve high crimes against the government. They relate to a private matter and are not serious enough to remove him from office.

When I discuss this situation with my children, I remind them that good people sometimes do bad things. Most kids know that when they disobey their parents, the punishment should be equal to what they did wrong. President Clinton must be treated the same way. Removal from office is too severe a punishment. Instead, the President should be censured. This would let the President know that Congress and the American people disapprove of his behavior.

- Congressman Robert Wexler, Democrat of Florida, has been a strong defender of the President.

Clinton Should Go
When someone is elected President, he receives the greatest gift possible from the American people--their trust. The President is in a position of immense authority and influence. He sets an example for us all.

When President Clinton put his hand on the Bible and recited his oath of office, he swore to uphold the laws of the United States. Not some laws--all laws. But the President did not "tell the truth, the whole truth and nothing but the truth," as his oath required, when he testified before a judge and then before a grand jury.

The President has rightly been called "the Number 1 law-enforcement officer of the country." As such, he should never commit any crime, particularly such a serious one as perjury--lying under oath--a felony for which a person can go to jail for up to five years.

A sixth-grader from Round Rock, Texas, recently wrote me. She said bluntly, "He has lied to the American people! And although I realize what he lied about has nothing to do with him running the country, then what else would he lie about? He let us down!"

- Congressman Lamar Smith, Republican of Texas, has been an outspoken critic of the President.

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Order In The Court!
Senators will follow a strict code of conduct during the trial. The ban on beepers is new, but most of the other rules date back to President Andrew Johnson's 1868 impeachment trial. Here is what's expected:

• No skipping sessions. Attendance is required.
• No talking.
• Stay in your seat.
• No reading, unless the material relates to the trial.
• Turn off all beepers and cell phones.

Next: Game Over