In 1963, as expected after the results of the previous day's vote on impeaching President Kennedy, the House votes to impeach Earl Warren. As was true in the case of JFK, the impeachment resolution against Warren passes by a bare majority. In the Senate, there is uproar. The House votes mean the Senate will be called on to conduct trials of both the President and the Chief Justice of the Supreme Court. Even some conservative senators consider the House's actions reckless, especially since it is believed to be unlikely that the two-thirds' majority vote for conviction can be obtained in either case.

That consideration spurs some right-wing senators to begin researching whether the two-thirds requirement can be circumvented. Some argue that it applies only to the presidency, and that therefore Chief Justice Warren should be removable by a simple majority vote. Their opponents counter by quoting the Constitution's language in Article I, Section 2, stating that in case of impeachment 'no person shall be convicted without the concurrence of two thirds of the members present.'