Malcolm Rivera
The U.S. Constitution outlines a system of checks and balances to ensure no branch of the federal government becomes too powerful. The impeachment clause in Article II, Section 4, is the ultimate check on the executive branch. The President, Vice President, and all Civil Officers of the United States can be removed from office for treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-defined, high crimes and misdemeanors is not defined in the Constitution or statute law, and its interpretation is informed by the history of impeachments.
| Characteristics | Values |
|---|---|
| First use of the phrase | 1388, during the impeachment of the Earl of Suffolk |
| Who first used the phrase | English Parliament |
| First use in the U.S. Constitution | February 24, 1868, during the impeachment of President Andrew Johnson |
| Who proposed the term for the U.S. Constitution | George Mason |
| What does the term refer to | Not specific offences, but rather a broad range of conduct, including misappropriating government funds, appointing unfit subordinates, not prosecuting cases, promoting oneself ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to prevent him from running for Parliament, helping "suppress petitions to the King to call a Parliament", etc. |
| What does "high" mean in the phrase | Restrictive, referring to the seriousness of the conduct |
| What does "misdemeanors" mean in the phrase | Not indictable offences |
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What You'll Learn
The historical origins of impeachment
The concept of impeachment has a long history, dating back to the 14th century in England. At that time, the British Parliament used impeachment as a legislative safeguard against overreach by the aristocracy, particularly targeting the king's advisers. While it fell into disuse in the 15th century, it was revived in the early 17th century when English kings' excesses prompted Parliament to reclaim its impeachment power.
The phrase "high crimes and misdemeanors" has been a part of this process since its early days. The English Parliament used this phrase to describe one of the grounds to impeach officials of the crown since 1386. It was a "term of art", like other constitutional phrases such as "levying war" and "due process", and did not relate to specific offences, giving freedom of interpretation.
In the United States, the impeachment clause, found in Article II, Section 4 of the Constitution, states that:
> "The President, Vice President, and all Civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors."
The inclusion of "high crimes and misdemeanors" in the U.S. Constitution was the result of a debate during the drafting of the Constitution. George Mason of Virginia argued that treason and bribery were insufficient to cover all offences that would "subvert the Constitution". He initially suggested "maladministration", but James Madison objected, arguing it was too vague. Mason then proposed "high crimes and misdemeanors", which was accepted without further debate.
Since the first impeachment in 1797, the House of Representatives has initiated impeachment proceedings more than sixty times, but fewer than twenty cases have led to full impeachment. The process of impeachment is complex, and it is designed to be a balance against removing people from office for minor reasons.
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The freedom of interpretation
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the U.S. Constitution, outlining the grounds for impeachment of the President, Vice President, and other civil officers. While treason and bribery are well-defined and understood offenses, the phrase "high crimes and misdemeanors" is not explicitly defined in the Constitution, leaving room for interpretation.
The ambiguity of "high crimes and misdemeanors" allows for flexibility in addressing a range of offenses that may not be easily defined or classified. It enables impeachment for political offenses or breaches of public trust that are complex and varied in nature. This freedom of interpretation can be seen as a strength, ensuring that impeachment can be applied to a diverse array of inappropriate conduct by public officials.
However, the lack of a precise definition has also led to concerns about potential abuse or inconsistency in its application. The interpretation of "high crimes and misdemeanors" can be influenced by political considerations or the whims of the House of Representatives at a given moment, as suggested by Gerald Ford. This interpretation can be narrowed down or expanded to include a wide range of offenses, from misappropriating government funds to appointing unfit subordinates or threatening a grand jury.
To guide the interpretation, some scholars suggest looking at the historical context and congressional impeachments. The phrase "high crimes and misdemeanors" has a long history, dating back to English parliamentary practice as early as 1376. It was used to describe a range of offenses, indicating the seriousness of the conduct, often associated with treason or bribery. Additionally, the canon of statutory construction, "ejusdem generis," suggests that ambiguous items in a list should be interpreted as having similar qualities to those with clear meanings. Thus, "high crimes and misdemeanors" could be understood as acts of similar gravity as treason or bribery.
In conclusion, the freedom of interpretation of "high crimes and misdemeanors" in the Constitution provides flexibility to address a wide range of offenses. However, it also invites debate and potential inconsistency in its application. To ensure a consistent and appropriate understanding of this phrase, historical context, congressional precedents, and the interpretation of similar terms in the Constitution can serve as valuable guides.
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The British influence
The British Parliament invented impeachment in 1376 as a legislative safeguard against overreach by the monarchy and aristocracy. This concept was later adopted by the American colonies and played a crucial role in shaping the impeachment provisions in the US Constitution. The phrase "high crimes and misdemeanors" itself was used by the English Parliament as early as 1386 to describe grounds for impeaching officials of the crown.
The lack of a precise definition for "high crimes and misdemeanors" in British practice allowed for flexibility in its application. This ambiguity was carried over into the US Constitution, where the phrase was included without a detailed explanation. The Framers of the Constitution intended to give it a broad meaning, encompassing not just criminal acts but also abuses of power and violations of public trust.
In conclusion, the British influence on the concept of "high crimes and misdemeanors" in the US Constitution is significant. It shaped the understanding of impeachment and the flexible interpretation of "high crimes and misdemeanors," allowing for the removal of public officials who abuse their power or violate the public trust.
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The debate over Reconstruction policies
The Reconstruction Era in the United States began after the Civil War ended in 1865, though some historians propose earlier dates, such as 1863 with the Emancipation Proclamation, or even 1861 when the first Union soldiers arrived in Confederate territory. During this time, there was considerable debate about how to reconstruct the governments of the Confederate states and restore their infrastructure. Lincoln advocated for his Louisiana Plan as a model for all states until his assassination in 1865, which some believe would have led to a smoother Reconstruction process. However, others argue that Lincoln would have faced impeachment by the Radicals, just as his successor, Andrew Johnson, did in 1868.
The Reconstruction Era was marked by significant political changes, including the passage of the Thirteenth Amendment, which ended slavery throughout the nation. The Republicans also passed laws allowing all male freedmen to vote, and over 1,500 African Americans held public office in the South during this time. However, despite these advancements, the Reconstruction ultimately failed to ensure the citizenship rights of freed people, leading to a century of racial oppression.
One of the main debates during the Reconstruction Era centred around the question of secession. There were differing opinions on whether secession had actually occurred, and what the legal implications of secession were for the seceded states and their readmission to the Union. Additionally, there was a recognition that the war had devastated the South, and there were questions about how to address the economic and social consequences.
Another key debate during the Reconstruction Era was the role of women. While the question of women's suffrage was raised, it was ultimately rejected, and women did not gain the right to vote until the passage of the Nineteenth Amendment in 1920. The failure to address women's rights during the Reconstruction Era contributed to the continued disenfranchisement of women in the United States.
The Reconstruction Era was a complex and tumultuous period in American history, marked by significant political, social, and economic changes. The debates and decisions made during this time had far-reaching consequences, shaping the country's future in ways that are still felt today.
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The ambiguity of high crimes and misdemeanors
The ambiguity of "high crimes and misdemeanors" has been a topic of debate since the drafting of the US Constitution. The phrase appears in Article II, Section 4 of the Constitution, outlining the grounds for impeachment of the President, Vice President, and other civil officers. While treason and bribery are well-defined and understood offenses, the phrase "high crimes and misdemeanors" has no clear definition, leaving room for interpretation.
The lack of a precise definition for "high crimes and misdemeanors" has been a source of ongoing controversy. Constitutional scholars and legal experts have differing opinions on the matter. Some argue that the phrase should be interpreted broadly, encompassing various offenses that may not constitute indictable crimes but still breach public trust and cause harm to society. Others contend that a narrow interpretation should be applied, reserving impeachment for only the most serious offenses that subvert the Constitution.
The history of impeachment and the context in which the Constitution was drafted provide some insight into the intended meaning of "high crimes and misdemeanors." The concept of impeachment dates back to the 14th century in England, where it was used as a legislative check against the aristocracy. The phrase "high crimes and misdemeanors" was first used in this context in 1388 during the impeachment of the Earl of Suffolk. Since then, the term has been used in England to describe a range of offenses, including those that may not be indictable crimes but are still deemed worthy of impeachment.
During the drafting of the US Constitution, the founders debated the specific wording of the impeachment clause. George Mason, concerned that limiting grounds for impeachment to treason and bribery would be too narrow, proposed including "maladministration" to cover a broader range of offenses. James Madison objected, arguing that such a vague term would make it too easy to remove the President at the "pleasure of the Senate." As a compromise, Mason suggested "other high crimes and misdemeanors," which was adopted without further recorded debate.
The ambiguity of "high crimes and misdemeanors" has been highlighted in several impeachment proceedings throughout US history. For example, during the impeachment of President Andrew Johnson in 1868, the House of Representatives charged him with violating the Tenure of Office Act, which was considered a "high crime and misdemeanor." However, the Senate fell short of convicting him, indicating a lack of consensus on the interpretation of the phrase. Similarly, the impeachment proceedings of President Bill Clinton in 1998 and the recent case of President Biden's Secretary of Homeland Security, Alejandro Mayorkas, have also brought the ambiguity of the phrase into focus.
In conclusion, the ambiguity of "high crimes and misdemeanors" in the US Constitution has been a long-standing debate. The phrase has been interpreted and applied differently in various impeachment proceedings, highlighting the complexity and subjectivity of determining what constitutes a "high crime and misdemeanor." While the exact definition remains elusive, the historical context and the intent of the founders provide some guidance in interpreting the phrase and ensuring it is not used arbitrarily.
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Frequently asked questions
"High crimes and misdemeanors" is a phrase used to describe the grounds for impeaching officials. The phrase does not refer to specific offences and is open to interpretation.
No, the phrase "high crimes and misdemeanors" is not defined in the US Constitution. The Constitution states that the President, Vice President, and all Civil Officers can be impeached for treason, bribery, or other high crimes and misdemeanors.
Some examples of "high crimes and misdemeanors" include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, and violating the Tenure of Office Act.
The phrase "high crimes and misdemeanors" first appeared in English law in 1388 during the impeachment of the Earl of Suffolk. It was later adopted by the US Constitution during the Constitutional Convention, with prominent founders like James Madison, Benjamin Franklin, and Alexander Hamilton debating its inclusion.
