Impeachment Without Crime: Is It Possible For A Us President?

The US Constitution gives Congress the authority to impeach and remove the President, Vice President, and all civil Officers of the United States for treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachments. The nature of impeachment proceedings is remedial rather than punitive, with the only remedy being removal from office and disqualification from holding any other appointed office under the United States in the future. While the meaning of treason and bribery is relatively clear, the scope of high crimes and misdemeanors lacks a formal definition and has been fleshed out over time. For example, officials have been impeached and removed for drunkenness, biased decision-making, or inducing parties to enter financial transactions, none of which are specifically criminal.

What constitutes an impeachable offence?

The United States Constitution grants the House of Representatives the power of impeachment and the Senate the power to try 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" is well-covered by statute. However, the phrase "high crimes and misdemeanors" is not defined in the Constitution or statute law. This phrase first appeared in 1388 during the impeachment of the Earl of Suffolk and was adopted from English practice. The framers of the Constitution debated the grounds for impeachment, with some arguing for the inclusion of terms like "maladministration" or "mal-practice or neglect of duty". Ultimately, the phrase “high crimes and misdemeanors” was chosen to encompass the seriousness of conduct warranting impeachment.

While there is no formal definition, "high crimes and misdemeanors" have been interpreted through historical practice and congressional impeachments. Impeachment has been used to address various political offences that are not easily definable by law, such as the abuse of power, misconduct, or misuse of office for personal gain. For example, President Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act, and Judge Harry E. Claiborne was impeached in 1986 for providing false information on federal income tax forms.

In summary, what constitutes an impeachable offence is not limited to specific acts but extends to a range of conduct deemed "high crimes and misdemeanors". The interpretation of this phrase has evolved through historical precedent and congressional practice.

Who can initiate impeachment proceedings?

The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, Section 2) and the Senate [the] sole Power to try all Impeachments (Article I, Section 3). The House of Representatives has initiated impeachment proceedings more than 60 times, with only 21 impeachments, including three presidents.

Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the House sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.

In the case of presidential impeachment trials, the chief justice of the United States presides. The Senate requires a two-thirds vote to convict, and the penalty for an impeached official upon conviction is removal from office. The Senate may also disqualify such officials from holding public office in the future.

State legislatures can also impeach state officials, including the governor, in accordance with their respective state constitutions. Many local governments also have impeachment procedures.

What happens during an impeachment trial?

The process of impeachment involves bringing charges against a government official for wrongdoing. The House of Representatives has the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The process often begins when a lawmaker introduces an impeachment resolution or when the House initiates proceedings by passing a resolution authorising an inquiry. The Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have also been used to investigate charges. The committee then chooses whether to pursue articles of impeachment against the accused official and report them to the full House. If the articles are adopted, the official has been impeached.

The House will then send its articles of impeachment to the Senate, which sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers", act as prosecutors before the Senate. In the case of presidential impeachment trials, the chief justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future.

It is important to note that impeachment is a unique political process largely unchecked by the judiciary. While the meaning of "treason" and "bribery" is relatively clear, the scope of "high crimes and misdemeanours" lacks a formal definition and has been fleshed out over time.

In the history of the United States, the House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator. Of those who were impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges.

What happens if a president is impeached?

The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, section 2) and the Senate 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.

Impeachment proceedings begin when the president is accused of "treason, bribery, or other high crimes and misdemeanors." The House of Representatives votes on articles of impeachment, or formal charges of misconduct. If approved by a majority of members, the president is impeached, though they remain in office. The next step in the impeachment process is a trial in the Senate, where the chief justice of the Supreme Court serves as judge and 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 alleged misconduct.

The House has initiated impeachment proceedings more than 60 times. But there have been only 21 impeachments, including three presidents. Of those who were impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges. Presidents Johnson, Clinton, and Trump remained in office following acquittals by the Senate on all charges. Former President Richard Nixon resigned after Congress started the impeachment process against him in 1974.

Has a US president ever been impeached?

Yes, three US presidents have been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021.

Impeachment is the process of bringing charges against a government official for wrongdoing. The US Constitution gives Congress the authority to impeach and remove the President. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the House sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future.

In the case of Andrew Johnson, the House of Representatives voted to impeach the president on February 24, 1868, after he clashed with Congress over the reconstruction of the defeated South following the Civil War. Johnson had vetoed legislation that Congress passed to protect the rights of those who had been freed from slavery. The trial began in the Senate on March 5, 1868, where Republicans held more than the two-thirds majority required to remove Johnson from office. However, Johnson won acquittal because a sufficient minority wished to protect the office of the president.

Bill Clinton was impeached in 1998 but remained in office following acquittal by the Senate on all charges.

Donald Trump was impeached twice. The first impeachment took place in 2019, and he remained in office following acquittal by the Senate on all charges. The second impeachment occurred in 2021, after he was alleged to have incited a deadly attack on the United States Capitol by attempting to overturn the 2020 presidential election results. The House voted to impeach Trump for "Incitement of Insurrection" on January 13, 2021. Trump's term ended on January 20, and the trial in the Senate began on February 9. On February 13, the Senate found Trump not guilty of incitement of insurrection, by a vote of 57 for conviction and 43 against, below the 67 votes needed for a supermajority.

In addition to the three presidents who were impeached, impeachment proceedings were commenced against two other presidents, John Tyler in 1843 and Richard Nixon in 1974, for his role in the Watergate scandal. Nixon resigned after Congress started the impeachment process against him in 1974.

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