Isabella Carter
The United States Constitution provides that the House of Representatives shall have the sole Power of Impeachment and that the Senate shall have the sole Power to try all Impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment. The House of Representatives brings articles (charges) of impeachment against an official, and if the House adopts the articles by a simple majority vote, the official has been impeached and the matter is then presented to the Senate for trial. The Senate holds an impeachment trial, and in the case of a president, the U.S. Supreme Court chief justice presides. If found guilty, the official is removed from office and may be barred from holding future federal office.
| Characteristics | Values |
|---|---|
| House's role in impeachment | The House of Representatives brings articles (charges) of impeachment against an official. The House has the sole power of impeachment. |
| Senate's role in impeachment | The Senate holds an impeachment trial. The Senate has the sole power to try all impeachments. |
| Who can be impeached? | The President, Vice President, and all civil officers of the United States are subject to impeachment. |
| Grounds for impeachment | Treason, bribery, and "other high crimes and misdemeanors. |
| Conviction | A two-thirds majority vote of the Senators present is required for conviction. |
| Judgment | Judgment can include removal from office, and disqualification from holding future offices of "honor, Trust or Profit under the United States." |
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What You'll Learn
- The House of Representatives has the sole power of impeachment
- The Senate has the sole power to try impeachments
- A two-thirds vote of the Senate is required to convict
- The penalty for an impeached official is removal from office
- The Senate can disqualify officials from holding public office in the future
The House of Representatives has the sole power of impeachment
The United States Constitution provides the House of Representatives with the "sole Power of Impeachment" (Article I, section 2). The House of Representatives can impeach a party with a simple majority of the House members present or other criteria as decided by the House. 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 has initiated impeachment proceedings more than 60 times, with roughly a third of all proceedings leading to full impeachments. The power of impeachment can both remove someone from office and disqualify them from holding future office. 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 passes a resolution authorizing an inquiry.
The Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have also investigated charges. The committee then decides whether to pursue articles of impeachment against the accused official and report them to the full House. If the articles are adopted (by a simple majority vote), the House appoints Members by resolution to manage the ensuing Senate trial. These managers act as prosecutors in the Senate and have historically been members of the Judiciary Committee.
The House of Representatives has impeached three presidents: Andrew Johnson in 1868, Richard Nixon in 1974, and Donald Trump in 2021. Johnson was acquitted by the Senate by one vote, and Trump was acquitted twice. Nixon resigned before he could be impeached, but the Senate held that they had jurisdiction to try him even after his resignation.
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The Senate has the sole power to try impeachments
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and "the Senate shall have the sole Power to try all Impeachments" (Article I, section 3). This means that the House of Representatives has the authority to initiate impeachment proceedings against federal officials, while the Senate serves as the sole court for impeachment trials. The practice of impeachment is a fundamental component of the system of "checks and balances" in the US government.
The impeachment process begins with the House of Representatives, which can impeach a party, including the president, vice president, federal judges, and other civil officers, with a simple majority vote. This triggers a federal impeachment trial in the Senate, which acts as a High Court of Impeachment. During the trial, the Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. The Senate's impeachment rules have largely remained the same since their adoption during the trial of President Andrew Johnson.
In the case of presidential impeachment trials, the chief justice of the United States presides over the proceedings. The Constitution requires a two-thirds majority vote of the Senate to convict an official, and the penalty for an impeached official upon conviction is removal from office. Additionally, the Senate can vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding federal office in the future. However, impeachment proceedings do not preclude criminal liability, and the impeached individual can still be subject to indictment, trial, judgment, and punishment according to law.
The Senate has interpreted the Constitution's definition of "'civil officers' subject to impeachment to exclude members of Congress (representatives and senators). This interpretation was established in the impeachment trial of Senator William Blount in 1797, who was accused of instigating an insurrection of American Indians to further British interests in Florida. The Senate did not convict Blount but expelled him from the Senate with a two-thirds vote.
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A two-thirds vote of the Senate is required to convict
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, section 2). The Senate, on the other hand, has the "sole Power to try all Impeachments" (Article I, section 3). This means that the House of Representatives can impeach a party with a simple majority of members present, which triggers a federal impeachment trial in the Senate. However, for an official to be convicted and removed from office, a two-thirds majority vote of the Senate is required. This is known as a supermajority.
The text of the Constitution states that "no person shall be convicted without the Concurrence of two-thirds of the Members present" during an impeachment trial. This requirement ensures that a substantial majority of Senators agree that the accused is guilty of the charges brought against them. The Senate's role in impeachment trials is to act as the judge and jury, hearing the charges and making a judgment based on the evidence presented. The House members, collectively referred to as "managers" during the trial, act as the prosecution and present their case, while the impeached official has the right to mount a defence with their attorneys.
The two-thirds vote requirement is a significant hurdle for conviction, as it necessitates a strong consensus among Senators. It underscores the gravity of impeachment and helps to ensure that the process is not used for partisan purposes. It also highlights the Senate's role as a deliberative body, where decisions are made through careful consideration and a broad consensus. This requirement also means that a small minority of Senators can effectively prevent a conviction, even if a majority of Senators believe the accused is guilty.
The two-thirds vote requirement has been a factor in several high-profile impeachment trials, including those of Presidents Andrew Johnson, Bill Clinton, and Donald Trump. In the case of President Johnson, he was acquitted by a one-vote margin in the Senate, demonstrating how close the outcome can be. In the second impeachment trial of President Trump, the Senate rejected a motion asserting that the trial was unconstitutional by a vote of 55-45, again highlighting the role of the two-thirds majority rule in shaping the outcome of impeachment proceedings.
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The penalty for an impeached official is removal from office
The penalty for an impeached official in the United States is removal from office. Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. In the US, impeachment at the federal level is reserved for those deemed to have committed serious abuses of their office, such as "treason, bribery, or other high crimes and misdemeanors".
The US Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and the Senate shall have the sole Power to try all Impeachments (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
The process of impeachment begins with the House of Representatives, which charges an official of the federal government by approving, through a simple majority vote, articles of impeachment. 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. A two-thirds majority is required to convict an official and remove them from office.
In addition to removal from office, the Senate can also vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding future federal office. This additional penalty is limited to disqualification from holding public office and does not extend to other punitive measures.
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The Senate can disqualify officials from holding public office in the future
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, Section 2) and "the Senate shall have the sole Power to try all Impeachments" (Article I, Section 3). The President, Vice President, and all civil officers of the United States are subject to impeachment.
The Senate has the power to disqualify officials from holding public office through impeachment. Impeachment can be triggered by a simple majority vote in the House of Representatives, which then leads to a federal impeachment trial in the Senate. While a two-thirds majority is required to convict an official and remove them from office, a simple majority is sufficient to bar an individual from holding future federal office.
The Senate has exercised this power on a few occasions, such as in the cases of Judges Humphreys and Archbald, where disqualification was imposed by a simple majority vote. In the case of Judge Ritter, the Senate rejected disqualification by a vote of 76-0. The Senate has also continued impeachment proceedings against former officials, such as in the case of William W. Belknap, who was impeached by the House of Representatives after resigning as Secretary of War.
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Frequently asked questions
The Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, Section 2). The House can impeach an official with a simple majority vote.
After the House impeaches an official, the matter is sent to the Senate for an impeachment trial (Article I, Section 3). The Senate has the "sole Power to try all Impeachments".
The president, vice president, and all civil officers of the United States are subject to impeachment. The Constitution does not articulate who qualifies as a "civil officer". Federal judges are considered civil officers, as are principal officers in the executive branch.
