Could the lame-duck legislators in this year's House approve articles of impeachment that would be considered by the newly elected Senate next year?
No, argues Yale law professor Bruce Ackerman. He told the House Judiciary Committee on Tuesday that a bill of impeachment approved by the House in the current, 105th Congress would expire when the 106th Congress, elected in November, takes over in January. Ackerman said the next House would have to vote new articles of impeachment, and the outcome might be different because the Republican majority next year will be slimmer. Yes, says Jefferson's Manual, a procedural guide used by Congress. The manual says, "In Congress impeachment proceedings are not discontinued by a recess," and notes three judicial impeachments that each were carried over into a new Congress.
Yes, says a study by the Congressional Research Service, citing the same precedents.
If necessary, the question would be decided by Chief Justice William Rehnquist, who would preside over any Senate impeachment trial.