Impeachment: Can A President Be Removed Lawfully?

The impeachment of a president is a formal process that can be initiated for various reasons, including violations of the law and abuses of power. It is a political process that serves as a check on the executive and judicial branches of government. While the grounds for impeachment are typically limited to treason, bribery, or other high crimes and misdemeanors, the exact scope of these grounds is not always clear and has been defined over time through the practice of impeachments. The process of impeachment can lead to the removal of the president from office and potentially bar them from holding future elected offices. The House of Representatives has the sole power to initiate impeachment proceedings, while the Senate is responsible for trying impeachments. The question of whether a president can be impeached without breaking the law is complex and depends on the specific circumstances and interpretation of what constitutes an impeachable offense.

Who can be impeached?

The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, Section 2) and "the Senate shall have the sole Power to try all Impeachments" (Article I, Section 3). The President, Vice President, and all civil officers of the United States are subject to impeachment.

The Constitution grants Congress the authority to impeach and remove the President for "treason, bribery, or other high crimes and misdemeanors". The House of Representatives initiates impeachment proceedings by adopting articles of impeachment by a simple majority vote. The Senate then holds an impeachment trial, presided over by the Chief Justice of the United States Supreme Court. A two-thirds majority vote in the Senate is required to convict and remove the impeached official from office.

In addition to the President, other federal officials such as cabinet secretaries, senators, and federal judges have been impeached. State legislatures can also impeach state officials, including governors and judicial officers, although this process may vary by state.

Impeachment is a political process that serves as a check on the executive and judicial branches of the government. It holds government officials accountable for violations of the law and abuses of power. The Founding Fathers included impeachment in the Constitution as a remedy for a law-breaking, power-abusing President who threatens the country's democratic values.

Impeachment is not limited to the United States; it is provided for in the constitutional laws of countries like Brazil, France, India, Ireland, the Philippines, Russia, and South Korea. Additionally, the leaders of other countries, such as Germany, Hong Kong, and Denmark, can also be impeached according to their respective legal procedures.

What constitutes an impeachable offence?

The United States 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 and removal from office for treason, bribery, or other high crimes and misdemeanors.

The meaning of treason is defined in the Constitution, and bribery had a clear common-law meaning and is now well-covered by statute. However, the scope of "high crimes and misdemeanors" lacks a formal definition and has been debated and fleshed out over time. The phrase first appeared in the impeachment of the Earl of Suffolk in 1388 and has been used in England for conduct not constituting indictable offenses.

In the US, impeachment has been used to address a range of offences, including those that are not easily definable by law and those of a purely political character. For example, President Andrew Johnson was impeached for violating the Tenure of Office Act, and Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms.

The impeachment process is a political one, largely unchecked by the judiciary, and serves as a check on the Executive and Judicial Branches. It is a tool for holding government officials accountable for violations of the law and abuses of power, such as when officials abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse their office for improper or personal gain.

What is the process of impeachment?

The process of impeachment involves bringing charges against a sitting member of the government, including the President, Vice President, and other federal civil officers. Impeachment does not equate to removal from office, and it is not a conviction of a crime. Instead, it is a formal accusation of wrongdoing, which can lead to a trial and potential removal from office.

The United States Constitution grants the House of Representatives the "sole Power of Impeachment" in Article I, Section 2. The House of Representatives is responsible for initiating impeachment proceedings and bringing charges (or articles of impeachment) against an official. Any member of the House can initiate impeachment proceedings. The House then conducts an investigation, typically overseen by the House Judiciary Committee, to determine if the official has engaged in impeachable offenses, which are outlined in the Constitution as "treason, bribery, or other high crimes and misdemeanors." The scope of "high crimes and misdemeanors" has been debated and fleshed out over time.

After the investigation, the committee votes, and if a simple majority is reached, the House will report back to the Senate with its findings. The House sends the articles of impeachment to the Senate, which then sits as a High Court of Impeachment. The Senate holds a trial, hears witnesses, and votes to acquit or convict the impeached official. The Senate has the "sole Power to try all Impeachments" per Article I, Section 3 of the Constitution, and a two-thirds vote of the Senate is required for conviction.

If an official is found guilty by the Senate, they are removed from office and may be disqualified from holding public office in the future. If the official is not found guilty, they may continue to serve in their position.

What happens after impeachment?

The process of impeachment begins when the president is accused of "treason, bribery, or other high crimes and misdemeanors". The House of Representatives then votes on articles of impeachment, or formal charges of misconduct. If approved by a simple majority vote, the official has been impeached, though they remain in office.

The next step in the impeachment process is a trial in the Senate, where selected members of the House act as prosecutors, the chief justice of the Supreme Court serves as judge, and the senators are the jurors. If at least two-thirds of the senators present vote for conviction, the president is removed from office and replaced with the vice president. The decision of the Senate cannot be appealed to the federal courts.

After leaving office, the former president may still be prosecuted for their crimes. They may never be able to hold elected office again. If they are not found guilty, they may continue to serve in office.

It is important to note that impeachment is a unique political process that is largely unchecked by the judiciary. The scope of "high crimes and misdemeanors" lacks a formal definition and has been fleshed out over time through the practice of impeachments.

What is the history of impeachment?

The practice of impeachment originated in England in the 14th century as a way for Parliament to hold the king's ministers accountable for their public actions. By the middle of the 15th century, impeachment had fallen out of use in England, but it was revived in the early 17th century due to the excesses of the English kings. The impeachment trial of British official Warren Hastings, which took place in London in 1787 and was avidly followed in America, charged him with oppression, bribery, and fraud as colonial administrator and first governor-general in India. He was eventually acquitted.

The American colonial governments and early state constitutions followed the British pattern of trial before the upper legislative body on charges brought by the lower house. The United States Constitution, which was being drafted in 1787, grants the House of Representatives "the sole Power of Impeachment" and the Senate "the sole Power to try all Impeachments." Since the first impeachment in 1797, the House has initiated proceedings more than sixty times, but fewer than twenty cases have led to full impeachment. Of those, only eight officials—all federal judges—have been convicted and removed from office by the Senate.

Some notable impeachment cases in the United States include:

• The impeachment of Judge Charles Swayne in 1905, which prompted Senator George F. Hoar of Massachusetts to propose that a special committee, rather than the full Senate, hear evidence in an impeachment trial.
• The impeachment of Judge Harold Louderback in 1933, which consumed nearly all of the month of May during one of the busiest legislative periods in congressional history.
• The impeachment of President Andrew Johnson, who became the first president impeached by the House, but was later acquitted by the Senate by one vote.
• The impeachment of President Richard Nixon in 1974, which was followed by his resignation.
• The impeachment of President Bill Clinton by the House in 1998 and his subsequent acquittal by the Senate in 1999.
• The impeachment proceedings against President Donald Trump, including the Mueller investigation.

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