Cameron Miranda
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. 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 brings articles (charges) of impeachment against an official, and if approved by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, and with a two-thirds majority vote, can convict an official, removing them from office. Impeachment may also occur at the state level, with most state legislatures being able to impeach state officials, including governors and judicial officers.
| Characteristics | Values |
|---|---|
| Level of government | Federal, state, local, tribal |
| Branch | Legislative, executive, judicial |
| Officials that can be impeached | President, vice president, civil officers, federal judges, state officials, governors, judicial officers, mayors |
| Charges | Treason, bribery, high crimes and misdemeanors, misconduct |
| Process | House of Representatives brings charges, Senate tries the case and votes to convict or acquit |
| Vote required in House of Representatives | Simple majority |
| Vote required in Senate | Two-thirds majority |
| Additional Senate power | Can bar convicted individuals from holding future federal office with a simple-majority vote |
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What You'll Learn
The House of Representatives can impeach federal officials
The House of Representatives is responsible for initiating the impeachment of federal officials. Impeachment is the process of bringing charges against a government official for alleged misconduct or "abuse [or] violation of some public trust".
The House of Representatives can impeach a federal official with a simple majority vote. This vote triggers a federal impeachment trial in the Senate, which can then vote by a two-thirds majority to convict and remove the official from office. The Senate can also vote with a simple majority to disqualify convicted officials from holding future federal office.
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 impeached, only eight officials—all federal judges—were convicted and removed from office.
Impeachment is also a practice of other government bodies, such as tribal governments and state legislatures. Most state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions.
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The Senate holds impeachment trials
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. The federal 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 House of Representatives brings articles (charges) of impeachment against an official. The House has initiated impeachment proceedings more than 60 times; roughly a third of all proceedings have led to full impeachments. The Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have also investigated 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 (by simple majority vote), the House appoints Members by resolution to manage the ensuing Senate trial on its behalf.
Impeachment is a practice of other government bodies, such as tribal governments. 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. State legislatures can also impeach state officials, including governors and judicial officers.
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Impeachment at the state level
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct or wrongdoing, with the penalty of removal from office. Impeachment may occur at the state level if the state or commonwealth has provisions for it under its constitution.
State legislatures can impeach state officials, including governors, judicial officers, and other state officials, in accordance with their respective state constitutions. The procedure for impeachment, or removal, of local officials varies widely across states. For instance, in New York, a mayor is removed directly by the governor "upon being heard" on charges—the law does not specify what charges are necessary or what the governor must find to remove a mayor. In 2018, the entire Supreme Court of Appeals of West Virginia was impeached, which had never happened before.
Most states follow the same model as the United States federal government, with the lower chamber of their legislatures holding a vote to impeach, triggering an impeachment trial held in the upper chamber of their legislatures. However, some states differ from this convention. For example, in Alaska, it is the upper chamber of the legislature that votes to impeach, while the lower chamber acts as the court of impeachment.
Impeachment is also a practice of other government bodies, such as tribal governments. Tribal governments with an impeachment process include the Pine Ridge Indian Reservation, Northern Cheyenne Indian Reservation, Eastern Band of Cherokee Indians, and Oglala Sioux.
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Tribal governments can impeach
The 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 Northern Cheyenne Tribal Council impeached and removed its president, Donna Fisher, in 2022. Notably, the Iroquois (Haudenosaunee) Confederacy's Great Law of Peace, which predates the US Constitution, includes an impeachment process. This process empowers clan mothers, exclusively, to remove and replace a sachem for misdeeds. A notable Native impeachment attempt was made in 1975 to impeach Dick Wilson as chairman of the Oglala of the Pine Ridge Indian Reservation.
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because impeachment 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 cannot grant a pardon to impeached and convicted persons to protect them from the consequences of an impeachment trial.
Impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with the penalty of removal. It is a practice that originated in England and was later adopted by many American colonial and state governments.
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Impeachment is remedial, not punitive
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. The federal 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.
Impeachment is not punitive in nature, but rather remedial. The only remedy available is the removal of the official from office, and in some cases, disqualification from holding public office in the future. The conviction itself is not a punishment, and consequently, the President of the United States is barred from granting a pardon to impeached and convicted persons. Due to the non-punitive nature of impeachment, an individual may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
The grounds for impeachment are not limited to specific categories, but rather aim to address a broad variety of conduct by officers that is deemed serious and incompatible with the duties of the office. Congress has identified three general types of conduct that constitute grounds for impeachment: improperly exceeding or abusing the powers of the office, behaviour incompatible with the function and purpose of the office, and misusing the office for an improper purpose or personal gain.
The practice of impeachment originated in England and was later adopted by many American colonial and state governments. It is a fundamental component of the system of checks and balances, allowing Congress to charge and try officials of the federal government for treason, bribery, or other high crimes and misdemeanors. The definition of "high crimes and misdemeanors" has been the subject of debate, with Congress having the authority to decide what constitutes such an offence.
Impeachment may occur at the federal, state, local, and tribal levels of government. Most state legislatures can impeach state officials, including the governor, and local governments may also have impeachment procedures. Tribal governments, such as the Pine Ridge Indian Reservation and the Eastern Band of Cherokee Indians, have also been known to utilise impeachment processes.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The Constitution gives the House of Representatives the sole power to impeach federal officials.
The president, vice president, and all civil officers of the United States can be impeached and removed from office.
The grounds for impeachment include treason, bribery, and other "high crimes and misdemeanors." The definition of "high crimes and misdemeanors" is not specified in the Constitution and has been the subject of debate.
The House of Representatives brings articles of impeachment against an official, which are then approved by a simple majority vote. The Senate then holds an impeachment trial, where senators vote to acquit or convict the impeached official.
