Jonah Patel
Impeachment is a process that allows a legislature to bring charges against a government official for misconduct or wrongdoing. In the United States, impeachment at the federal level is reserved for those who may have committed treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power to impeach, while the Senate has the sole power to try impeachments and vote to convict or acquit. While impeachment does not require a violation of the Constitution, it is a serious process that can result in the removal of officials from office and their disqualification from holding future offices.
| 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 has the sole power of impeachment. |
| Who tries the impeachment? | The Senate is the sole court for impeachment trials. |
| What is the conviction requirement? | A two-thirds vote of the Senate is required to convict. |
| What is the penalty for an impeached official upon conviction? | Removal from office. |
| Can an impeached official be disqualified from holding public office in the future? | Yes, the Senate can disqualify an impeached official from holding future federal office with a simple-majority vote. |
| Can an impeached official be pardoned? | No, the President of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons. |
| What are the grounds for impeachment? | Treason, Bribery, or other high Crimes and Misdemeanors. |
| What is the process of impeachment? | The House of Representatives brings articles of impeachment against an official and approves them by a simple majority vote. The Senate then holds an impeachment trial, hears witnesses, and votes to acquit or convict the impeached official. |
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What You'll Learn
Who can be impeached?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct or "treason, bribery, or other high crimes and misdemeanors". The penalty for impeachment is removal from office, and potentially a bar from holding public office in the future. Impeachment can occur at the federal level, the state level, and even with tribal governments and at the local level of government.
At the federal level, 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. This includes federal judges and any presidentially appointed "principal officers", such as the head of an agency. The House of Representatives can impeach an official with a simple majority vote.
After the House of Representatives impeaches an official, the process moves to the Senate, which has the sole power to try impeachments. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. The Senate requires a two-thirds majority to convict and remove an official from office. The Senate can also disqualify an official from holding future federal office with a simple majority vote.
While the Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment, Congress can expel its members through the simpler procedures of Article I, Section 5.
At the state level, most state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions. A number of organised US territories also have the power to impeach.
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What are the grounds for impeachment?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government.
The Constitution gives the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The power of impeachment can both remove someone from office and, should Congress vote to do so, also disqualify an impeached individual from holding future office. Fines and potential jail time for crimes committed while in office are left to civil courts.
The Constitution limits the grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not define "high crimes and misdemeanors". The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.
The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. Either as part of the impeachment resolution or separately, specific grounds and allegations for impeachment will be outlined in one or more articles of impeachment. The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate.
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What are the procedures for impeachment?
The procedures for impeachment in the United States are as follows:
The House of Representatives has the sole power to impeach federal officials, including the president, vice president, and all civil officers. The House can impeach a party with a simple majority vote or such other criteria as the House adopts. This triggers a federal impeachment trial in the United States Senate.
The Senate is the sole court for impeachment trials. A committee of representatives, called "managers," acts as prosecutors before 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 Senate can vote by a two-thirds majority to convict and remove an official from office. The Senate can also vote with a simple majority to bar an individual from holding future federal office.
The impeachment process can also occur at the state level if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including the governor. Impeachment might also occur with tribal governments as well as at the local level of government.
In the case of presidential impeachment trials, the chief justice of the United States presides over the Senate. The Senate has concluded that members of Congress (representatives and senators) are not considered "civil officers" for the purposes of impeachment.
It is important to note that impeachment is a remedial rather than punitive process, and as such, a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Fines and potential jail time for crimes committed while in office are left to civil courts.
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What are the consequences of impeachment?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. The President, Vice President, and all civil Officers of the United States are subject to impeachment. The House of Representatives has the sole power to impeach federal officials, and the Senate is the sole court for impeachment trials.
The consequences of impeachment and conviction are limited to removal from office and disqualification from holding any office of honour, trust, or profit under the United States in the future. The penalty for an impeached official upon conviction is removal from office. The Senate can also vote to bar an individual convicted in a Senate impeachment trial from holding future federal office with a simple majority vote. However, it is important to note that impeachment is not punitive in nature, and a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Fines and potential jail time for crimes committed while in office are left to civil courts.
The process of impeachment serves as a check and balance, allowing Congress to hold the President, Vice President, and civil officers accountable for their actions. The Constitution limits the grounds for impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but it does not define "high crimes and misdemeanors". The determination of what constitutes "high crimes and misdemeanors" is left to Congress, which has the authority to impeach and remove officials upon a finding of such misconduct.
Impeachment is an extraordinary procedure to address abuse of power by government officials. It is a serious matter that can have significant consequences for the individual being impeached, as it may result in their removal from office and disqualification from holding future offices. In the case of President Trump's second impeachment, questions arose regarding the grounds for preventing his future in public office and revoking his benefits, as impeachment alone does not bar an individual from running for public office again.
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What are the historical and international precedents for impeachment?
The practice of impeachment has a long history, dating back to the 14th century in England. Alexander Hamilton wrote that impeachment is "a method of national inquest into the conduct of public men" accused of violating the “public trust”. The process evolved as a way for Parliament to hold the king's ministers accountable for their public actions. By the mid-15th century, impeachment had fallen out of use in England, but it was revived in the early 17th century due to the excesses of the English kings.
In the United States, the House of Representatives has initiated impeachment proceedings more than 60 times, with 21 impeachments, including three presidents, one cabinet secretary, and one senator. Of those impeached, eight officials were found guilty and removed from office, all of whom were federal judges. The impeachment process in the US can also occur at the state level, with at least eleven state governors facing impeachment trials and several others resigning to avoid impeachment.
Internationally, impeachment processes vary. In Denmark, former Minister of Justice Erik Ninn-Hansen was impeached in 1995 for violating Danish and International law regarding the processing of family reunification applications for Tamil refugees from Sri Lanka. He received a suspended sentence of four months with one year of probation. In 2021, former Minister for Immigration and Integration Inger Støjberg was impeached for similarly violating Danish and International law by trying to separate couples in refugee centres, as the wives were under the legal age. She was convicted and sentenced to 60 days in prison.
In Korea, impeachment processes differ for presidential and non-presidential officials. In 2018, Judge Lim Seong-geun of the Busan High Court was impeached by the National Assembly for meddling in politically sensitive trials, becoming the first judge in Korean history to be impeached. A simple majority is required for impeachment, and in this case, the judge's term expired before the Constitutional Court could render a verdict, leading to the case's dismissal.
In Croatia, the process of impeaching the president can be initiated by a two-thirds majority vote in the Sabor, and it is then referred to the Constitutional Court, which must also approve with a two-thirds majority for the president to be removed from office. This process has never been successfully carried out in the country's history.
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Frequently asked questions
The President, Vice President, and all civil officers of the United States are subject to impeachment.
The House of Representatives has the sole power of impeachment.
The impeached official will face an impeachment trial in the Senate, which can vote by a two-thirds majority to convict and remove them from office.
The Constitution limits grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors".
Yes, impeachment involves a departure from the normal constitutional procedures by which individuals achieve high office.
