Impeachment Law: What's The Legal Threshold?

The impeachment process is a formal way to bring charges against a public official for misconduct. In the United States, impeachment is a federal-level process limited to those who may have committed treason, bribery, or other high crimes and misdemeanors. While the Constitution does not define high crimes and misdemeanors, this phrase generally refers to offences against the government or the constitution, grave abuses of power, or violations of the public trust. Importantly, impeachment does not require proof of a crime, and individuals subject to impeachment remain liable for criminal prosecution under the law.

What is impeachment?

Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It is a unique process involving both political and legal elements.

In the United States, impeachment is a federal-level process limited to those who may have committed "treason, bribery, or other high crimes and misdemeanours". This includes the President, Vice President, and all civil officers of the United States. The US Constitution grants the House of Representatives the sole power of impeachment, while the Senate has the sole power to try impeachments.

Impeachment is a remedial rather than punitive process, intended to "effectively 'maintain constitutional government' by removing individuals unfit for office". It is not a punishment, and therefore, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.

At the federal level, the impeachment process typically involves three steps: an impeachment inquiry, impeachment by the House of Representatives, and a trial by the United States Senate. The House investigates and must pass articles of impeachment by a simple majority, which constitute the formal allegation(s). Upon passage, the defendant has been "impeached". The Senate then tries the accused, and conviction requires a two-thirds supermajority vote.

Impeachment does not require proof of a crime. The scope of "high crimes and misdemeanours" lacks a formal definition and has been fleshed out over time through the practice of impeachments. It generally refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offences.

In addition to the federal level, impeachment may also occur at the state and local levels, as well as with tribal governments. Most state legislatures can impeach state officials, including governors, and some municipal governments also allow for the impeachment of officials such as mayors.

Who can be impeached?

In the United States, impeachment is a federal-level process by which the House of Representatives may bring charges against an officeholder for misconduct. The grounds for impeachment are "treason, bribery, or other high crimes and misdemeanours". Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution.

The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States". Federal judges are also subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", including a head of an agency such as a Secretary, Administrator, or Commissioner, is a "civil officer of the United States" subject to impeachment.

The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment. However, expulsion is effected by the simpler procedures of Article I, Section 5, which provides that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member."

At the federal level, the impeachment process is typically a three-step procedure. First, the House investigates through an impeachment inquiry. 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. 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.

Impeachment by state and territorial governments

State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon. The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York, a mayor is removed directly by the governor "upon being heard" on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor.

In addition, the legislatures of the territories of American Samoa, Northern Mariana Islands, and Puerto Rico have impeachment powers.

What are the consequences of impeachment?

The consequences of impeachment are serious and far-reaching. Firstly, it is important to note that impeachment is a formal process of bringing charges against a government official, typically for wrongdoing. The official in question may be removed from their position if found guilty of the charges.

In the United States, the impeachment process is a check and balance on the Executive and Judicial Branches, allowing Congress to hold government officials accountable. The House of Representatives initiates impeachment by approving articles of impeachment through a simple majority vote. The Senate then conducts an impeachment trial, with the Chief Justice of the United States presiding in the case of a presidential impeachment. The Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict.

For a conviction, a two-thirds supermajority vote of the Senate is required. If convicted, the impeached official faces removal from office and potential disqualification from holding public office in the future. The removal from office is automatic, while disqualification requires a separate Senate vote, this time by a simple majority.

Impeachment does not require the official to have broken a law, but they may still face criminal liability following the process. The scope of "high crimes and misdemeanors" is not precisely defined in the Constitution and has been a subject of debate, but it includes abuses of power, misuse of office for personal gain, and behaviour incompatible with the function and purpose of the office.

Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office. While no US president has been removed from office through impeachment, Richard Nixon resigned during the process, and Andrew Johnson was just one vote away from being removed on three charges.

What are the grounds for impeachment?

In the United States, impeachment is a process by which a legislative body initiates charges against a public official for misconduct. The grounds for impeachment are "treason, bribery, or other high crimes and misdemeanors".

The phrase "high crimes and misdemeanors" refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offences. The scope of "high crimes and misdemeanors" is not formally defined and has been fleshed out over time through the practice of impeachments.

Impeachment may occur at the federal level, in which case the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The federal House of Representatives can impeach a party with a simple majority of the House members present, triggering a federal impeachment trial in the United States Senate. The Senate can then vote by a two-thirds majority to convict an official, removing them from office.

Impeachment may also occur at the state level, depending on the provisions of the state's constitution. Most state legislatures can impeach state officials, including the governor. Additionally, impeachment is practised by other government bodies, such as tribal governments.

How does impeachment work?

Impeachment is a process by which a legislative body or tribunal initiates charges against a public official for misconduct. It involves both political and legal elements. Impeachment may occur at the state or federal level in the United States, as well as with tribal governments and at the local level.

At the federal level, impeachment is typically a three-step procedure. First, the House of Representatives investigates through an impeachment inquiry. Second, the House must pass articles of impeachment by a simple majority of those present and voting. Upon passage, the defendant has been "impeached". Third, the accused undergoes a trial in the United States Senate, which can vote by a 2/3 majority to convict and remove them from office. The Senate can also vote with a simple majority to bar the individual from holding future federal office.

The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanours", though it does not define "high crimes and misdemeanours". "High crimes and misdemeanours" refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offences.

Impeachment is a remedial rather than punitive process, and the remedy is limited to removal from office. Because it is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The president of the United States is constitutionally precluded from granting a pardon to impeached and convicted persons.

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