Kara Sears
Impeachment is the process of bringing charges against a government official for wrongdoing. The Constitution gives Congress the power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. 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 the official may be removed from office. The President, Vice President, and all civil officers of the United States can be impeached for treason, bribery, or other high crimes and misdemeanors. The nature of impeachment proceedings is remedial rather than punitive, and an individual may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, and all civil officers of the United States |
| Who can impeach? | The House of Representatives |
| Who tries impeachments? | The Senate |
| Who presides over the trial? | The Chief Justice of the United States |
| What is required for conviction? | A two-thirds majority vote of the Senators present at the trial |
| What are the consequences of conviction? | Removal from office, disqualification from holding future office, and potential criminal liability |
| What are the grounds for impeachment? | Treason, bribery, or other high crimes and misdemeanors |
| Can the President pardon an impeached official? | No, the President's pardon power does not extend to cases of impeachment |
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What You'll Learn
- The US Constitution gives Congress the power to impeach the president
- Grounds for impeachment include treason, bribery, and other high crimes and misdemeanors
- Impeachment proceedings are remedial, not punitive, with the remedy being removal from office
- The House of Representatives charges an official, then the Senate sits as a High Court of Impeachment
- The Senate has the sole power to try impeachments and requires a two-thirds vote to convict
The US Constitution gives Congress the power to impeach the president
The impeachment process is a fundamental component of the system of checks and balances. It is a crucial tool for holding government officers accountable for violations of the law and abuses of power. The process of impeachment was inherited from English practice, where Parliament impeached ministers and favourites of the Crown to curb its power.
In impeachment proceedings, the House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House has the power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. 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 such officials from holding public offices in the future.
In the case of presidential impeachment trials, the chief justice of the United States presides. The president does not have the power to pardon in cases of impeachment. Three presidents have been impeached: Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021. Johnson was later acquitted by the Senate by one vote.
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Grounds for impeachment include treason, bribery, and other high crimes and misdemeanors
The U.S. Constitution outlines the system of checks and balances among the federal government's branches, with the impeachment clause in Article II, Section 4 serving as the ultimate check on the executive branch. The Constitution limits the grounds for impeachment to "treason, bribery, or other high crimes and misdemeanors", although it does not define "high crimes and misdemeanors".
The phrase "high crimes and misdemeanors" has been described as a "term of art", with a scope that has been fleshed out over time through the practice of impeachments. The phrase has been used to describe a range of offences, including misappropriating government funds, appointing unfit subordinates, promoting oneself ahead of more deserving candidates, threatening a grand jury, and wasting public money. The standard of "high crimes and misdemeanors" is intended to address conduct involving an individual's abuse of power or office, or political crimes and punishments.
The impeachment process is initiated by the House of Representatives, which charges an official of the federal government by approving articles of impeachment by a simple majority vote. The Senate then 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, with the penalty for an impeached official being removal from office and potentially a bar from holding future office.
The ambiguity around the definition of "high crimes and misdemeanors" has been a source of controversy and debate, with some arguing that it should be construed according to the intent of the framers of the Constitution. The substitution of the vague term "maladministration" with "other high crimes and misdemeanors" during the Constitutional Convention highlights the ongoing challenge of defining the specific grounds for impeachment.
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Impeachment proceedings are remedial, not punitive, with the remedy being removal from office
Impeachment is a process that grants the House of Representatives the power to impeach a federal official, and the Senate the power to try impeachments. The House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, bar an individual convicted in a senate impeachment trial from holding federal office in the future.
Impeachment proceedings are remedial, not punitive, with the remedy being limited to removal from office. This means that the process is not punitive in nature, and an individual may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The conviction itself is not a punishment, and the impeached official may still be liable to criminal prosecution under a subsequent criminal proceeding.
The President of the United States does not have the power to pardon an impeached and convicted person. The President, Vice President, and all civil officers of the United States are subject to impeachment. The grounds for impeachment are limited to treason, bribery, or other high crimes and misdemeanors, but the Constitution does not define "high crimes and misdemeanors".
The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. The House investigates through an impeachment inquiry and must pass, by a simple majority, articles of impeachment, which constitute the formal allegation. Upon passage, the defendant has been "impeached". The Senate then tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings.
The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters judgment on its decision, and a copy of the judgment is filed with the Secretary of State. Upon conviction in the Senate, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office.
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The House of Representatives charges an official, then the Senate sits as a High Court of Impeachment
In the United States, the House of Representatives has the sole power to impeach federal officials. The process of impeachment involves bringing charges against a government official for wrongdoing. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House may bring impeachment charges against federal officials as part of its oversight and investigatory responsibilities. The process often begins when a lawmaker introduces an impeachment resolution or when the House initiates proceedings by passing a resolution authorizing an inquiry.
Once the House of Representatives has impeached an official, it sends its articles of impeachment to the Senate, which then sits as a High Court of Impeachment. The Senate has the sole power to try impeachments and is the sole court for impeachment trials. The Senate considers the evidence, hears witnesses, and votes to acquit or convict the impeached official. A two-thirds majority of the US Senators present at the trial is required for conviction. 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.
The grounds for impeachment are limited to "treason, bribery, or other high crimes and misdemeanors", though the Constitution does not define "high crimes and misdemeanors". Officials have been impeached and removed for drunkenness, biased decision-making, or inducing parties to enter financial transactions, none of which are specifically criminal. The nature of the impeachment proceedings is remedial rather than punitive, and an individual may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
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The Senate has the sole power to try impeachments and requires a two-thirds vote to convict
The United States Constitution grants the House of Representatives the power to impeach federal officials, including the President. However, the Senate has the sole power to try impeachments and convict the accused. This means that after the House impeaches an official, the Senate serves as a court to conduct a trial, hear evidence, 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's role in the impeachment process is crucial, as it acts as the judge and jury, deciding whether to convict or acquit the accused official. The Senate's vote is not simply a political decision but a legal determination with significant consequences.
To convict an impeached official, the Senate must vote by a two-thirds majority. This requirement ensures that convictions are not decided along party lines and that a substantial consensus exists for conviction. The two-thirds vote threshold is a critical safeguard against partisan impeachment efforts and reinforces the seriousness of the impeachment process.
The penalty for an impeached official upon conviction is removal from office. Additionally, the Senate may also disqualify such officials from holding public offices in the future. This disqualification is a separate vote and, according to Senate precedent, only requires a simple majority rather than a two-thirds supermajority. However, the Senate has used disqualification sparingly.
The impeachment process is remedial rather than punitive, and those convicted are still liable and subject to indictment, trial, judgment, and punishment according to law. The President, for example, does not have the power to pardon in cases of impeachment. The Senate's role in trying impeachments and requiring a two-thirds vote to convict is a critical check on executive power, ensuring accountability and upholding the rule of law.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The House of Representatives has the power to impeach the president. The Senate then tries the impeachment.
After impeachment, there is a trial. If the president is convicted, they will be removed from office and may be disqualified from holding future office. They are still liable for indictment, trial, judgment, and punishment according to law.
The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors".
Andrew Johnson was the first president to be impeached by the House, but he was later acquitted by the Senate. Donald Trump was also impeached by the House and was subject to the jurisdiction of a Court of Impeachment after he left office.
