Omar Bennett
The United States Constitution provides that the House of Representatives has the sole power of impeachment, while 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 and removal from office. While the Constitution does not specify how impeachment proceedings are to be initiated, it does limit the grounds of impeachment to treason, bribery, or other high crimes and misdemeanors. Members of Congress can be expelled by their own respective body, and the Senate has concluded that members of Congress are not civil officers for the purposes of impeachment.
| 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 to impeach federal officials. |
| Who tries the impeachment? | The Senate is the sole court for impeachment trials. |
| What is required for conviction? | A two-thirds vote of the Senate. |
| What is the penalty for an impeached official upon conviction? | Removal from office and, in some cases, disqualification from holding public offices in the future. |
| What are the grounds for impeachment? | Treason, Bribery, or other high Crimes and Misdemeanors. |
| Who acts as prosecutors? | A committee of representatives, called "managers". |
| Who presides over the trial? | In the case of presidential impeachment trials, the Chief Justice of the United States presides. |
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What You'll Learn
Who can be impeached?
The United States Constitution states that the House of Representatives "shall have the sole Power of Impeachment" and that the Senate shall be the sole court for impeachment trials. The Constitution also states that the President, Vice President, and all civil officers of the United States are subject to impeachment. This includes federal judges, any presidentially appointed "principal officers", such as heads of agencies, and cabinet-level officials.
However, it is important to note that the Constitution does not explicitly define who qualifies as a "civil officer". While federal judges and executive officers can be impeached, members of Congress and Senators are not considered "civil officers" and are therefore not subject to impeachment. Instead, they can be expelled by a two-thirds vote of their respective chambers.
The House of Representatives can impeach a party with a simple majority of the House members present, triggering a federal impeachment trial in the Senate. The Senate can then vote by a two-thirds majority to convict and remove an official from office.
In summary, the President, Vice President, federal judges, and other civil officers of the United States can be impeached, while members of Congress and Senators cannot be impeached but can be expelled by their respective chambers.
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Grounds for impeachment
The United States 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 House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office.
The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". However, the Constitution does not define "high crimes and misdemeanors", and this has long been the subject of debate. Treason and bribery were perhaps the most pressing examples, but some believed that numerous other punishable offences against the state also reached the level of impeachment.
The President, Vice President, federal judges, and all civil officers of the United States are subject to impeachment. The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment and, therefore, cannot be impeached. However, members of Congress can be expelled by a two-thirds vote for expulsion by their respective chambers.
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Impeachment procedure
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2). The president, vice president, federal judges, and all civil officers of the United States are subject to impeachment. The Constitution does not, however, articulate who qualifies as a "civil officer".
The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. 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 Senate can also, with just a simple-majority vote, bar an individual convicted in a Senate impeachment trial from holding future federal office.
In the case of presidential impeachment trials, the chief justice of the United States presides. A committee of representatives, called "managers", act as prosecutors before the Senate.
The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment. As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides that "Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member".
Impeachment might also occur with tribal governments as well as at the local level of government. Some municipal governments currently or previously have had the power to impeach municipal officials such as mayors.
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Impeachment at state level
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" and 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.
Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. State legislatures can impeach their governor and other state officials. Impeachment might also occur with tribal governments as well as at the local level of government.
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 Senate can also vote with a simple majority to bar an individual convicted in a senate impeachment trial from holding federal office in the future.
The House Committee on the Judiciary, by majority vote, determines whether grounds for impeachment exist. The House debates the resolution and may 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.
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 defense 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, 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.
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Impeachment and disqualification from future office
The U.S. Constitution provides that the House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachments. The Constitution also states that impeachment can be levied against the President, Vice President, and all civil officers of the United States. However, the Constitution does not articulate who qualifies as a "civil officer of the United States". The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment.
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 charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the articles of impeachment are sent 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. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office.
In addition to removal from office, the Senate can also disqualify impeached officials from holding public offices in the future. This is a discretionary judgment and there is no explicit constitutional linkage to the two-thirds vote on conviction. Although an argument can be made that disqualification should require a two-thirds vote, the Senate has determined that disqualification may be accomplished by a simple majority vote. There is some debate over the scope of the disqualification clause and whether it applies to the presidency.
In the history of the United States, three federal officials have been disqualified through impeachment proceedings, all of whom were federal judges.
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Frequently asked questions
Yes, the US Constitution allows for the impeachment of members of Congress. The House of Representatives has the "sole power of impeachment" and the Senate is the "sole court for impeachment trials".
The House of Representatives brings articles of impeachment (charges) against an official. If the House approves the articles by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, where it considers evidence, hears witnesses, and votes to acquit or convict the impeached official.
The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". However, the exact definition of "high crimes and misdemeanors" has been debated and is not specified in the Constitution.
