Cartae Sacrorum De Congregatio Americas
Americas Union Charter
Article 149 - Impeachment Commission
While it is the hope that all elected officials of the Union shall perform their duties the greatest respect to this Charter and to their respective office, it is recognized that there may be times where a person or group of persons of elected office fail to uphold the article of this Charter and their respective oath of office.
Such matters are most serious and require careful consideration, for not only is the act of wilful disregard to the principles of elected office to the Union a crime, so too is the false accusation of any elected official of such a crime.
Therefore, it is by the wisdom of this Charter, that elected officials may only be forcibly removed from office through the process of an Impeachment Commission. It is also by this Charter that all elected officials from the Secretary-General to the lowest ranked official may be subject to such a commission if sufficient evidence exists and such a commission is deemed to be created by the appropriate elected body of the Union.
All impeachment commissions shall follow the primary procedural guidelines as set forth by this Charter, including:
(i) The approval by a certified Justice of the Union for the collection and preparation of evidence to support the creation of a warrant for crimes committed against the Union by the accused and any alleged co-conspirators;
(ii) Bill to form an Impeachment Commission presented to the appropriate elected body under the correct terms of jurisdiction, citing the certified warrants (preliminary evidence) for the Impeachment of one or more Elected Officials;
(iii) The passing of the Bill for the formation of the Impeachment Commission under the terms listed in the Bill, with the appointment of a Leading Prosecuting Counsel (the Prosecutor), a Lead Defence Counsel (the Defence), a panel of three (3) justice of the courts of the Union at the same level as the Impeachment Commission, a jury of 12 members.
Fundamentally, an impeachment commission cannot be formed by a lower elected body for the charge of impeachment of an elected official belonging to a higher elected body. A Bill to form an impeachment commission may only be formed for the charge against an elected official of the same level of the organisation or lower.
Therefore, by this Charter, an Impeachment Commission against the Supreme Executive Government of the Union may only be formed by the General Assembly itself.