Democrats' Impeachment Resolution: Can It Become Law?

The impeachment process in the United States is a complex one, with the House of Representatives having the sole power to initiate impeachment proceedings and the Senate having the sole power to try all impeachments. The process is remedial rather than punitive, and conviction results in removal from office and disqualification from holding future federal offices, but does not extend to further punishment. While the Democrats can pass an impeachment resolution through a House committee and then a full House vote, the resolution's enforceability as law is questionable, as the Senate must also vote to convict the impeached official, and the President cannot pardon the convicted individual.

The process of impeachment

The impeachment process in the United States is a fundamental component of the system of "checks and balances". It involves charging and trying an official of the federal government for "treason, bribery, or other high crimes and misdemeanours". The process is remedial rather than punitive in nature, and the remedy is limited to removal from office. The House of Representatives has the sole power of impeachment and can initiate the process by approving, by a simple majority vote, articles of impeachment. The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching an individual is typically referred to the House Committee on the Judiciary, which, by a majority vote, will determine whether grounds for impeachment exist. The House debates the resolution and may consider the resolution as a whole or vote on each article of impeachment individually.

Once the articles of impeachment are sent to the Senate, it 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. The Senate has the sole power to try impeachments, and no person shall be convicted without the concurrence of two-thirds of the members present. The conviction results in removal from office and disqualification from holding any office of honour, trust, or profit under the United States. However, it does not extend to further punishment, such as loss of pension.

The impeachment process has been used throughout history, with notable examples including the impeachment of President Andrew Johnson in 1868, based on allegations of exceeding the power of his office, and the impeachment of President Clinton, who was accused of obstructing justice in a federal civil action but was later acquitted by the Senate.

The House of Representatives' role

The House of Representatives plays a crucial role in the impeachment process, as outlined in the United States Constitution. According to Article I, Section 2, the House has the "sole Power of Impeachment". This means that it is responsible for initiating impeachment proceedings and bringing forth the charges, also known as articles of impeachment, against an official. The House has the authority to impeach a wide range of officials, including the president, vice president, senators, federal judges, and civil officers.

Throughout history, the House has exercised its power to initiate impeachment proceedings on numerous occasions. The most notable examples are the impeachments of President Andrew Johnson in 1868, President Nixon in 1974, and President Clinton in 1998. In the case of President Johnson, the House approved several articles of impeachment, including charges of violating the Tenure of Office Act and compromising the neutrality of the United States.

The process typically begins with an investigation or inquiry into the alleged misconduct of the official in question. This can be conducted by a committee or a special subcommittee, which gathers evidence and assesses the validity of the allegations. If the committee finds sufficient evidence of impeachable misconduct, it will recommend impeachment to the full House. Impeachable misconduct can include abusing or exceeding the powers of the office, personal misconduct, gross neglect of duty, or using the office for personal gain.

Once the articles of impeachment are presented to the House, a simple majority vote is required for them to be adopted. If the majority of the House members vote in favour of impeachment, the official is considered impeached. However, it is important to note that impeachment does not necessarily result in removal from office. The role of the House concludes with the impeachment vote, and the process then moves to the Senate for an impeachment trial.

In summary, the House of Representatives has the sole power to initiate impeachment proceedings, investigate allegations, and bring charges against an official. Its role is a critical first step in the impeachment process, ensuring that government officials are held accountable for any violations of the law or abuses of power.

The Senate's role

The United States Constitution grants the Senate the "sole Power to try all Impeachments". This means that the Senate is responsible for trying or judging impeachment cases. The Senate sits as a High Court of Impeachment, where it considers evidence, hears witnesses, and votes to acquit or convict the impeached official.

To convict and remove an official from office, the Senate must have a two-thirds majority vote. This threshold ensures that the impeachment process is not used for partisan purposes and that there is broad consensus on the grounds for impeachment. The Senate may also, by a separate vote, bar the individual from holding future federal office.

In conclusion, the Senate plays a crucial role in the impeachment process by serving as the trial body that considers the evidence, hears witnesses, and votes to acquit or convict the impeached official. The Senate's role helps maintain the balance of powers and ensures that federal government officials are held accountable for their actions while also protecting them from partisan impeachment attempts.

Grounds for impeachment

The United States Constitution gives the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all impeachments". The House of Representatives brings articles (charges) of impeachment against an official, and if approved by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, and if the official is found guilty, they are removed from office.

The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". However, the Constitution does not define "high crimes and misdemeanors", and this has long been the subject of debate. The impeachment power descended from a similar practice in Britain, where it was used as a way for Parliament to hold the king's ministers accountable for their public actions. During the Constitutional Convention, the Framers addressed what actions warranted impeachment, with treason and bribery being the most pressing examples. Other offences considered included "maladministration" and "corruption".

The impeachment process is remedial rather than punitive in nature, and the remedy is limited to removal from office. A party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The power of impeachment can also disqualify an impeached individual from holding future office.

Outcome of conviction

The outcome of a conviction in an impeachment trial is removal from office. The impeached official may also be barred from holding any federal office in the future, but this requires a simple majority vote, as opposed to the two-thirds majority vote required for conviction. The President of the United States does not have the power to pardon impeached and convicted persons.

The impeachment process is not punitive, and a party may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. In fact, the Senate may vote to bar an individual convicted in a Senate impeachment trial from holding future federal office.

Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office.

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