You can investigate the president or anyone by yourself. No vote necessary.
For the house to start impeachment officially, however, we have clear guidelines.
The process is followed in the interest of fairness, precedent, and institutional tradition.
"
It is the intention of the Committee that its investigation
will be conducted in all respects on a fair, impartial and
bipartisan or nonpartisan basis. In this spirit, the power to
authorize subpoenas and other compulsory process is committed
by this resolution in the first instance to the Chairman and
the Ranking Minority Member acting jointly. If either declines
to act, the other may act alone, subject to the right of either
to refer the question to the Committee for decision prior to
issuance, and a meeting of the Committee will be convened
promptly to consider the question."
Both parties have equal subpoena power.
"On October 5, 1998, the Committee met in open session and
ordered reported the resolution printed herein by a vote of 21
to 16, a quorum being present.
Need for the Resolution
Because the issue of impeachment is of such overwhelming
importance, the Committee decided that it must receive
authorization from the full House before proceeding on any
further course of action. Because impeachment is delegated
solely to the House of Representatives by the Constitution, the
full House of Representatives should be involved in critical
decision making regarding various stages of impeachment. With
the passage of H. Res. 525, the full House has already directed
the release of the Referral from the Independent Counsel, set
the parameters for public release of other related materials,
and directed the Committee to review the Referral and
accompanying materials in order to make a recommendation to the
House.
Also, a resolution authorizing an impeachment inquiry into
the conduct of a president is consistent with past practice.
According to Hind's Precedents, the ``impeachment of President
Johnson was set in motion by a resolution authorizing a general
investigation as to the execution of the laws.'' When the first
attempt to impeach President Johnson failed, the House
``referred to the Committee on Reconstruction the evidence
taken by the Judiciary Committee in the first attempt to
impeach President Johnson.'' 3 Hind's Precedents, Sec. 2408.
The impeachment investigation of President Nixon was
explicitly authorized by the full House. During debate of H.
Res. 803 in 1974, Congressman Rodino, then chairman of the
Committee on the Judiciary, stated:
We have reached the point when it is important that
the House explicitly confirm our responsibility under
the Constitution.
We are asking the House * * * to authorize and direct
the Committee on the Judiciary to investigate the
conduct of the President of the United States * * *.
* * * * * * *
Such a resolution has always been passed by the
House. The Committee has voted unanimously to recommend
that the House of Representatives adopt this
resolution. It is a necessary step if we are to meet
our obligations * * *."
"the Committee adopted, by voice vote, a number of protections
for the President. The President and his counsel shall be
invited to attend all executive session and open committee
hearings. The President's counsel may cross examine witnesses.
The President's counsel may make objections regarding the
pertinency of evidence. The President's counsel shall be
invited to suggest that the Committee receive additional
evidence. Lastly, the President or the President's counsel
shall be invited to respond to the evidence adduced by the
Committee at an appropriate time. The provisions will ensure
that the impeachment inquiry is fair to the President."
INVESTIGATORY POWERS OF THE COMMITTEE ON THE JUDICIARY WITH RESPECT TO ITS IMPEACHMENT INQUIRY October 7, 1998
We have seen the desire to avoid legislative approval before. This may be why Nancy will not hold a vote legitimizing a literal "act of congress".
The act would legally endow Hitler with the power to create laws that did not require legislative approval