Ten things you may not have known about impeachment

• At the Donald Trump trial, the pleadings of the Democrats end this Friday.
• Inscribed in the American constitution, impeachment aims to prevent a president from behaving like a monarch.
• In American history, only three presidents have been charged, and none has been removed.

It is the most important power of the United States Congress after that of declaring war. Inscribed in the constitution, impeachment gives the House the power to impeach a president, vice-president or a judge, and the Senate to dismiss them.

As the trial of Donald Trump is in full swing, return to the origins - and sometimes exotic traditions - of the procedure.

1. Etymology

" Impeach " is very similar to the French "prevent", and it is no coincidence. The origin of the term dates back to the 12th century, and borrows from the old French "empeechier", or "empecier", derived from the Latin "impedicare" (to obstruct the feet). Please note, in English, we do not speak of "dismissal" (a false friend which means "extreme poverty") but of " removal (or dismissal ) from office " (dismissed from office). Impeachment corresponds to the indictment in the House, which is followed by a trial in the Senate which can lead to a conviction synonymous with dismissal.

2. Origin

Impeachment was enshrined in the Constitution (Article II) even before the electoral system was completely established. This is because Madison, Jefferson, Hamilton and the other founding fathers wanted "that a president can never act like King George and use his executive authority to become de facto a monarch of the new republic", explains Bruce Ackerman , professor of constitutional law at Harvard.

Derived from British law and the theory of the separation of powers of Locke and Montesquieu, impeachment is the cornerstone of the system of " checks and balances ". These “checks and balances” give each branch of power (executive, legislative and judicial) means of control over the other two.

3. Operation

Presidents, vice-presidents and judges may be removed from office by Congress for "treason, corruption" and other "major crimes and offenses". These are not defined and left to the discretion of the elected officials. For Alexandre Hamilton, these were “crimes violating the public interest”. Democrats believe that by asking Ukraine to investigate Joe Biden, Donald Trump used his presidential authority for his personal gain and not that of the United States. This corresponds, according to them, to an “abuse of power. "

To indict a President, a simple majority vote in the House is sufficient. But to avoid partisan actions, a removal from the Senate requires a two-thirds majority (67 senators out of 100). Only three presidents have been impeached in American history: Andrew Johnson, Bill Clinton and Donald Trump. None have been dismissed - Richard Nixon, at Watergate, had resigned before to avoid public humiliation. In contrast, eight federal judges have been removed from office by the Senate.

4. Prison

Even in the case of "treason", impeachment cannot lead to a prison sentence. It is indeed a purely political process and not a judicial process. Can a president, however, be charged by the Justice Department? During his tenure, the issue of immunity was debated among lawyers - Robert Mueller, for example, considered that indicting Donald Trump was not an option. But a president can perfectly face justice after leaving office. It was to avoid this scenario that Gerald Ford pardoned Richard Nixon.

5. Ineligibility

Contrary to popular belief, dismissal does not automatically mean ineligibility. On the other hand, the Senate may decide, after having voted to dismiss a president from office, to present a second resolution disqualifying him for any future ballot. This second vote requires only a simple majority. Of the eight judges dismissed, only three also received this double penalty.

6. Absolute silence

Every day of Donald Trump's trial starts in the same way. Elected officials pledge allegiance to the flag and then the Senate Sergeant-at-Arms (the highest ranking member of the Capitol police) reads this statement: “ Hear ye! Hear ye! Hear ye! By this order, each person must remain silent, under penalty of imprisonment. "

US Senate Sergeant at Arms announces the opening of the Impeachment Trial of Donald John Trump. pic.twitter.com/3EtQEUPw3z

This directive is intended for senators, jurors who must listen in silence to the pleadings of "managers of the Chamber" (seven elected Democrats who play the role of prosecutors) and lawyers for the American president. If a senator has a question, he does it in writing and the head of the Supreme Court, who presides over the proceedings, reads it. In fact, a senator has never been thrown in prison.

7. Civility

After a marathon opening day on Tuesday, when each side accused the other of lying, the head of the Supreme Court called everyone to order at 2 am: "House managers and the defense would do well to keep in mind that they are addressing the most prestigious deliberative assembly in the world. Its members must express themselves in a way that allows for civil exchanges. "

WATCH: Chief Justice John Roberts admonishes House impeachment managers and president's counsel for “speaking in a manner and using language that is not conducive to civil discourse.”

“I do think those addressing the Senate should remember where they are” https://t.co/TVuArFZFGD pic.twitter.com/smOHfyqufd

8. Smartphones prohibited

According to the rules of the trial, "no telephone or electronic device is authorized" inside the Senate, even when turned off. Senators must leave their smartphones in a locker. But several were seen wearing on their wrists… an Apple watch. We do not know if it was an LTE version allowing them to access their SMS and Twitter. "Come and get it," tweeted Texan Ted Cruz in full audience with a drawing of an iPhone, but he later assured that the humorous message had been published by his community manager .

https://t.co/FNTogu1IUt pic.twitter.com/cuO8Sz5Vls

9. Glass of milk

Very concerned with appearances, Thomas Jefferson published a long list of Senate etiquette rules. The following were prohibited in the room: babies (it has changed), food and drink, hats and hoods, wearing pants without a jacket, smoking or even spitting during a speech. If senators are thirsty, they should send an assistant to fetch them a glass of water. But speeches sometimes last for hours. In 1966, a hungry elected official asked if he could have a glass of milk "because after a while, the water lacks consistency". Her request was granted, and since then, drinking a glass of milk has become a tradition.

On Wednesday, Elizabeth Warren even boasted of having eaten a "contraband yogurt". Coffee is still banned inside the Senate, however, which no doubt explains why senators are regularly caught in the act of napping. With oral arguments taking place this week from 1 p.m. to 10 p.m., senators are entitled to a half-hour dinner break and a few ten-minute breaks between two testimonies.

Only two drinks are allowed for lawmakers on the Senate floor during the impeachment trial: water and milk.

The latter dates back to January 1966 - when Everett Dirksen of Illinois asked if a Senate page could fetch him a glass of milk. https://t.co/o9h1UfESEB

10. Candy drawer

There is one exception to the food ban: candy. In the 1960s, Senator George Murphy used to hide sweets in his desk drawer and offer them to his colleagues, who regularly replenished his stock. The candy drawer was born. The tradition continues, and the senator who inherits the office next to the eastern entrance to the Senate becomes the keeper of the treasure.

One of the 100 desks in the US Senate has a drawer full of candy! https://t.co/X6QBi79kxX pic.twitter.com/ucWNj3YaY6

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