Democrats' Impeachment Process: Legal Or Lawless?

The impeachment process is a fundamental component of the US system of checks and balances. The House of Representatives has the sole power of impeachment and can impeach a party with a simple majority vote. The Senate then tries the impeached official, and a two-thirds majority is required to convict and remove them from office. While the process is not punitive, the president cannot grant a pardon in the case of impeachment. The Democrats, as the majority in the House, have the power to initiate impeachment proceedings. However, the question of whether they are breaking the law with the impeachment process depends on the specific actions taken and the interpretation of the laws and procedures governing impeachment.

What constitutes high crimes and misdemeanors?

The United States Constitution does not define "high crimes and misdemeanors", but it is one of the grounds for impeachment, along with treason and bribery. The phrase has been interpreted to refer to "political offences, growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests, in the discharge of the duties of political office".

The phrase "high crimes and misdemeanors" was first used in 1386 when the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk, was impeached. He was charged with breaking a promise to Parliament and failing to pay a ransom for Ghent, which led to the city falling to the French.

Since then, the scope of the charge has expanded to include negligence and abuse of power or trust while in office. For example, in 1701, Edward Russell, 1st Earl of Orford, was impeached on charges of embezzling funds as Treasurer of the Navy and abusing his position in the Privy Council to make profits for himself.

In the US, "high crimes and misdemeanors" has been interpreted to mean political crimes or misdeeds committed by public officials against the state. Alexander Hamilton described impeachable offences as "arising from the misconduct of public men, or in other words from the abuse or violation of some public trust".

The first impeachment conviction by the US Senate was in 1804 when John Pickering, a judge of the US District Court for the District of New Hampshire, was impeached for chronic intoxication. Federal judges have also been impeached and removed from office for tax evasion, conspiracy to solicit a bribe, and making false statements to a grand jury.

Can the president pardon impeached individuals?

The president does have the power to grant reprieves and pardons, but this does not extend to cases of impeachment. The US Constitution states that the president "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment".

Impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. The federal House of Representatives can impeach an official with a simple majority vote, which triggers a federal impeachment trial in the US Senate. The Senate can then vote by a two-thirds majority to convict and remove the official from office.

The president's pardon power is limited to federal offenses and offenses prosecuted by the US Attorney for the District of Columbia in the name of the US in the DC Superior Court. The president cannot pardon individuals convicted of state offenses.

The pardon power is intended as a tool for justice and mercy, and to further "the public welfare". While it is expansive, it is not limitless and is subject to several constitutional constraints.

Can an official be impeached after they've resigned?

The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" and that the Senate shall have the "sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment.

The Constitution does not explicitly state whether an official can be impeached after they have resigned. However, there have been several instances in history where impeachment proceedings have continued or taken place after an official's resignation.

In 1876, William Belknap, President Ulysses S. Grant's secretary of war, resigned under allegations of receiving kickbacks. The House impeached him after his resignation, and the Senate held a trial to determine whether it had jurisdiction to try a private citizen. Ultimately, the Senate voted 37-29 that it had jurisdiction, and Belknap was acquitted. This is the only case in history where a Senate trial was held after the official in question had resigned.

Another example is the case of Judge Mark H. Delahay, who resigned before the Senate could begin his trial. Delahay was appointed by President Abraham Lincoln to serve on the U.S. District Court in Kansas but was impeached due to his drinking problem.

Additionally, in 1797, the House impeached Senator William Blount of Tennessee, and the Senate continued impeachment proceedings against him even after he had been expelled from office. However, the Senate ultimately dismissed the proceedings, determining that a senator is not a "civil officer of the United States".

In recent times, the permissibility of trying a former official was a significant issue in the second impeachment trial of former President Donald Trump, which commenced 20 days after his term ended. The Senate rejected a motion asserting that the trial was unconstitutional by a vote of 55-45.

While it is uncommon for impeachment proceedings to continue after an official's resignation, these historical examples demonstrate that it is not unprecedented. The Constitution's text is open to interpretation on this matter, and the decision to proceed with impeachment after a resignation likely depends on the specific circumstances of each case.

Can an official be impeached more than once?

The United States Constitution does not limit the number of times an individual may be impeached. As of 2022, former President Donald Trump is the only federal official to have been impeached more than once.

In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. The federal House of Representatives can impeach an official with a simple majority vote of its members. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict and remove the official from office.

Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions. Impeachment might also occur with tribal governments as well as at the local level of government.

The impeachment process is typically a three-step procedure. First, the House investigates through an impeachment inquiry (although this is not a required stage). Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States. Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a majority of senators present.

Can members of Congress be impeached?

The Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all impeachments". The President, Vice President, and all civil officers of the United States are subject to impeachment.

However, the Constitution does not precisely define who qualifies as a civil officer. Historical practice has informed the understanding of who qualifies as a civil officer. Aside from the President and Vice President, federal judges are also considered civil officers. Congress has also impeached the head of a cabinet-level executive department.

While the text of the Constitution does not directly address the question, there is historical evidence to support the understanding that former officials remain subject to conviction and punishment by the Senate for actions taken while in office. The Senate has determined by majority vote on multiple occasions that they retain the power to proceed against an executive branch official who has resigned from office.

The Constitution's structure and historical practice indicate that impeachment likely does not apply to Members of Congress. First, Article II, Section 3 provides that officers of the United States are commissioned by the President, while Members of Congress receive no such commission. Second, Members of Congress may be removed from office by other means explicitly provided in the Constitution. Third, the Ineligibility Clause bars any person "holding any office under the United States" from serving in any house of Congress, indicating that Members of Congress are not considered officers of the United States.

Congressional practice also indicates that Members of Congress are not considered civil officers subject to impeachment and removal. In 1797, the House of Representatives voted to impeach Senator William Blount, the first impeachment in US history. Two years later, the Senate concluded that Senator Blount was not a civil officer subject to impeachment and dismissed the articles, determining that it lacked jurisdiction over the matter. This precedent has been accepted by both the House and the Senate ever since, and since then, the House has never again voted to impeach a Member of Congress.

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