Omar Bennett
The Constitution grants Congress the power to impeach federal officials, including the President, Vice President, and civil officers of the United States, for treason, bribery, or other high crimes and misdemeanors. While the Constitution does not define high crimes and misdemeanors, it is clear that impeachment is a process to hold government officials accountable for wrongdoing. The House of Representatives initiates impeachment proceedings, and the Senate conducts the impeachment trial, with the Chief Justice presiding in the case of presidential impeachment. The Senate's judgment results in either acquittal or conviction, leading to removal from office and potential disqualification from holding future public offices. However, it is unclear if private citizens can be impeached as the Constitution does not specify who qualifies as a civil officer.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, civil officers, federal judges, state officials, local government officials, tribal government officials, and members of Congress |
| Who can impeach? | The House of Representatives |
| Who tries the impeachment? | The Senate |
| What is required for conviction? | A two-thirds supermajority vote in the Senate |
| What is the penalty for conviction? | Removal from office, possible disqualification from holding future office |
| What are the grounds for impeachment? | Treason, bribery, or other high crimes and misdemeanors |
| Is there an appeal process? | No |
| Is impeachment punitive? | No, it is remedial |
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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, with a penalty of removal. The House of Representatives brings articles of impeachment (charges) against an official, and if adopted by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial. The Constitution grants Congress the power to impeach federal officials, and the House has initiated impeachment proceedings more than 60 times.
The President, Vice President, and all civil officers of the United States can be impeached and removed from office. This includes federal judges, and any presidentially appointed "principal officers", such as agency heads. The Senate has concluded that members of Congress and senators are not "civil officers" for the purposes of impeachment, and they can only be removed from office by a two-thirds vote for expulsion by their respective chambers.
Impeachment may also occur at the state level, with most state legislatures able to impeach state officials, including the governor, in accordance with their respective state constitutions. Local governments and tribal governments may also have impeachment procedures.
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Grounds for impeachment
The grounds for impeachment in the United States are limited to "treason, bribery, or other high crimes and misdemeanors", as outlined in the Constitution. The Constitution grants the House of Representatives the "sole Power of Impeachment", with the Senate having the "sole Power to try all Impeachments". The president, vice president, federal judges, and all civil officers of the United States are subject to impeachment.
While the Constitution does not define "high crimes and misdemeanors", it is generally understood to refer to offences against the government or the Constitution, grave abuses of power, violations of the public trust, or other political crimes, even if they are not indictable criminal offences. The process of impeachment is reserved for serious abuses of office, and it is considered a departure from normal constitutional procedures.
Historically, impeachment was used by individual states in cases of "maladministration" or "corruption" before it was included in Article I of the US Constitution. The Founders considered impeachment an important check on executive power, even before defining the presidency in Article II.
In addition to federal impeachment, most state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions. Impeachment is also practised by tribal governments and some local governments.
The impeachment process takes the form of a trial, with the House presenting the prosecution case and the impeached official mounting a defence. The Senate considers evidence, hears witnesses, and votes to acquit or convict. A two-thirds supermajority is required to convict, and upon conviction, the official is automatically removed from office. The Senate may also vote to bar the individual from holding future office.
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Impeachment procedure
The impeachment procedure in the United States is a process that may be carried out by the federal legislature or a state legislature, bringing charges against an officeholder for misconduct with the 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 impeachment process is typically divided into three steps. First, the House investigates through an impeachment inquiry, although this is not a required stage. Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the vice president usually presides.
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. The House members, who are given the collective title of "managers" during the trial, present the prosecution case, and the impeached official has the right to mount a defence with their own attorneys. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. 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, whether that be to convict or acquit, 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.
Impeachment might also occur with tribal governments as well as at the local level of government.
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Impeachment outside the US
The US Constitution provides that the House of Representatives has the sole power of impeachment, and the Senate has the sole power to try impeachments. The practice of impeachment originated in England and was later used by many American colonial and state governments.
State Level
State legislatures can impeach state officials, including governors, in accordance with their respective state constitutions. Many local governments also have impeachment procedures.
Tribal Governments
Impeachment is also a practice of other government bodies, such as tribal governments.
Territories
Several organized US territories also have impeachment procedures.
Historical Context
America's impeachment power descended from a similar practice in Britain. The process evolved in the 14th century as a way for Parliament to hold the king's ministers accountable for their public actions.
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History of impeachment
The history of impeachment in the United States is a long and complex one, with its roots tracing back to 14th-century England.
14th-Century England Origins
Impeachment in the US descended from a similar practice in Britain, where it first emerged 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 when English kings' excesses prompted Parliament to reclaim this power.
Influence on the US Constitution
The framers of the US Constitution were well aware of this history, and in 1787, as they worked on the document in Philadelphia, they closely followed the impeachment trial of British official Warren Hastings in London. This influence led to the inclusion of impeachment in the US Constitution, with the Founders considering it a crucial check on executive power.
Early US History
The first impeachment in the US occurred in 1797, and since then, the House has initiated proceedings more than 60 times, but fewer than 20 cases have resulted in full impeachment. The process typically begins with an investigation by the House Judiciary Committee, which then votes on whether to bring articles of impeachment before the full House.
Notable Impeachments
Some notable impeachment cases include:
- Florida district judge Halsted Ritter in 1936, which sparked debate over the constitutionality of Rule XI.
- Judge Charles Swayne in 1905, a lengthy trial that highlighted the burdensome nature of such proceedings.
- President Richard Nixon resigned in 1974 after Congress initiated impeachment proceedings against him, becoming the only president to do so.
- President Bill Clinton was impeached in 1998 but acquitted by the Senate and remained in office.
- President Donald Trump was impeached twice, in 2019 and 2021, but was acquitted by the Senate and not removed from office.
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Frequently asked questions
No, the US Constitution does not allow the impeachment of private citizens. Impeachment is a process that applies only to government officials.
The US Constitution states that the President, Vice President, and all civil officers of the United States are subject to impeachment. Federal judges and presidential appointees are also included.
The House of Representatives brings articles of impeachment (charges) against an official. If the House approves these articles by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, with the Chief Justice presiding in the case of a presidential impeachment. The impeached official has the right to mount a defence with their attorneys. After considering the evidence and hearing witnesses, the Senate votes. A two-thirds supermajority is required to convict and remove the official from office.
The US Constitution limits the grounds for impeachment to "treason, bribery, or other high crimes and misdemeanors". However, the Constitution does not define "high crimes and misdemeanors", leaving this open to interpretation and debate.
