Kara Sears
In the United States, the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment. Impeachment charges can be brought against an official by the House of Representatives, and if approved by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, and if two-thirds of the members present concur, the official is convicted and removed from office. Congress has shown a willingness to impeach federal judges and Cabinet-level executive branch officials, but has been reluctant to impeach private individuals and members of Congress. State legislatures can also impeach state officials, including governors and judicial officers.
| Characteristics | Values |
|---|---|
| Branch that can impeach laws | House of Representatives |
| Branch that can try impeachment | Senate |
| Vote required for conviction | Two-thirds of the Members present |
| Who presides over presidential impeachment trials | Chief Justice of the United States |
| Who can be impeached | President, Vice President, civil officers, federal judges, state officials, tribal officials |
| Grounds for impeachment | Treason, bribery, high crimes and misdemeanors |
| Outcome of conviction | Removal from office, disqualification from holding future public offices, liability for indictment, trial, judgment, and punishment |
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What You'll Learn
The House of Representatives has the sole power of impeachment
The legislative branch of the US government, specifically the House of Representatives, has the sole power to impeach federal officials. This power is derived from Article I, Section 2 of the United States Constitution, which states that the House "shall have the sole Power of Impeachment". The House can bring impeachment charges against the president, vice president, federal judges, cabinet-level executive branch officials, and other civil officers of the United States.
The impeachment process typically begins when a lawmaker introduces an impeachment resolution, or when the House passes a resolution authorizing an inquiry. The Committee on the Judiciary has jurisdiction over impeachments and chooses whether to pursue articles of impeachment. If the articles are adopted by a simple majority vote, the official has been impeached, and the House appoints members to manage the ensuing Senate trial.
The Senate then holds an impeachment trial, with the chief justice of the United States presiding in the case of a presidential impeachment. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds vote of the Senate is required to convict, and the penalty for conviction is removal from office and, in some cases, disqualification from holding public office in the future.
Impeachment is a fundamental component of the system of checks and balances, providing a way to hold the executive branch accountable. While the House of Representatives has the sole power of impeachment, the Senate plays a crucial role in trying impeachment cases and rendering a verdict. This process ensures that federal officials are held to a high standard of conduct and can be removed from office if found guilty of treason, bribery, or other high crimes and misdemeanours.
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The Senate has the sole power to try impeachments
The legislative branch of the US government, Congress, has the power to impeach and remove federal officials from office. Congress consists of the Senate and the House of Representatives.
The House of Representatives has the sole power of impeachment. This means that the House of Representatives charges an official of the federal government by approving articles of impeachment. The House must approve these articles by a simple majority vote.
The Senate, on the other hand, has the sole power to try impeachments. Once the House of Representatives has sent its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment. The Senate then considers the evidence, hears witnesses, and votes to acquit or convict the impeached official. The Senate requires a two-thirds majority to convict.
The president of the United States is tried by the chief justice. The penalty for an impeached official upon conviction is removal from office. The Senate may also disqualify convicted officials from holding public office in the future.
Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office. Federal judges are subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", such as a head of an agency, is a "civil officer of the United States" subject to impeachment. Lesser functionaries, such as federal civil service employees, do not appear to be subject to impeachment.
Impeachment is also a practice of other government bodies, such as tribal governments. Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions.
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The president, vice president, and civil officers can be impeached
The United States Constitution gives Congress the power to impeach federal officials. The House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachments. The president, vice president, and civil officers of the United States are subject to impeachment.
The House of Representatives brings articles of impeachment (charges) against an official. If the House adopts the articles by a simple majority vote, the official has been impeached and the Senate holds an impeachment trial. In the case of a president, the US Supreme Court Chief Justice presides. If found guilty, the official is removed from office and may never be able to hold elected office again. If they are not found guilty, they may continue to serve in office.
The Constitution does not articulate who qualifies as a "civil officer of the United States". However, federal judges are 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. At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority" and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment.
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial.
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Impeachment charges include treason, bribery, and high crimes
In the United States, the Constitution grants Congress the authority to impeach federal officials. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. 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.
Impeachment charges can include treason, bribery, or other high crimes and misdemeanors. While treason and bribery are relatively well-understood terms, the phrase "high crimes and misdemeanors" is not defined in the Constitution or in statute law. It first appeared in English law in 1388 during the impeachment of the Earl of Suffolk. The phrase has been a subject of debate, with some arguing that it should refer to the seriousness of the conduct, while others argue for a restrictive interpretation.
Treason is defined in the Constitution as "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." Bribery, while not explicitly defined in the Constitution, is understood through common law and statutes, which define it as the act of giving an official money or gifts to influence their behavior in office.
Impeachment proceedings are remedial rather than punitive, and the remedy is typically limited to removal from office. The convicted party may also be disqualified from holding public office in the future. In some cases, impeachment may precede criminal or civil trials, prosecution, and conviction under the law.
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Impeachment is a practice of tribal governments, too
Impeachment is a process of bringing charges against a government official for wrongdoing. The United States Constitution provides that the House of Representatives has the sole power of impeachment. The president, vice president, and all civil officers of the United States are subject to impeachment.
Impeachment is also a practice of tribal governments. Many tribal governments have impeachment procedures, with tribes generally utilizing a similar process to the federal government, having an impeachment vote followed by an impeachment trial. Examples of tribal governments that have an impeachment process include the Pine Ridge Indian Reservation, Northern Cheyenne Indian Reservation, Eastern Band of Cherokee Indians, and Oglala Sioux.
The Iroquois (Haudenosaunee) Confederacy's Great Law of Peace, which predates the US Constitution, includes what amounts to an impeachment process through which only clan mothers can remove and replace a sachem for misdeeds. A notable Native impeachment attempt was the 1975 effort to impeach Dick Wilson as chairman of the Oglala of the Pine Ridge Indian Reservation.
Examples of Native tribal officials that were impeached include:
- Locher Harjo – impeached and removed in 1876 as chief of the Lower Creeks Muscogee
- Johnathan L. "Ed" Taylor – impeached and removed in 1995 as principal chief of the Eastern Band of Cherokee Indians
- Cecilia Fire Thunder – impeached three times in 2005 and 2006 as president of the Oglala Sioux, removed on the third impeachment
- Donna Fisher – impeached and removed in 2022 as president of the Northern Cheyenne Tribal Council
In the US, impeachment might also occur with local governments. Municipal governments in cities like Houston, Texas, and Louisville, Kentucky, have the power to impeach municipal officials such as mayors.
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Frequently asked questions
The legislative branch, specifically the House of Representatives, has the sole power of impeachment. The Senate then tries all impeachments.
The president, vice president, and all civil officers of the United States can be impeached and removed from office. Federal judges are also subject to impeachment.
An official can be impeached for treason, bribery, and other high crimes and misdemeanors. The definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been debated.
