Isabella Carter
The U.S. Constitution does not define the term high crimes and misdemeanors, leaving the House of Representatives and the Senate to interpret its meaning. The phrase is included in the Impeachment Clause, which outlines the grounds for impeaching and removing federal officers, including the President, Vice President, and civil officers, from office. While treason and bribery are specifically mentioned as grounds for impeachment, the vague and open-ended phrase high crimes and misdemeanors has been the subject of debate and interpretation, with scholars and lawmakers struggling to define the specific offenses that constitute high crimes and misdemeanors.
| Characteristics | Values |
|---|---|
| The term's origin | George Mason offered the term as a criterion to remove public officials who abuse their office. |
| The term's meaning | The term is considered a "term of art" and is open to interpretation by the House of Representatives and the Senate. |
| The term's application | The term has been used to describe grounds for impeaching officials, including the President, Vice President, federal judges, and civil officers. |
| Examples of "high crimes and misdemeanors" | Misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying Parliament, etc. |
| Impeachment process | The House of Representatives holds the power to impeach, and the Senate holds a trial and convicts. |
| Impeachment purpose | To create a check against abuses by government officials and to ensure no branch becomes too powerful. |
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What You'll Learn
The Constitution's Impeachment Clause
The U.S. Constitution outlines a system of checks and balances to ensure no branch of the federal government becomes too powerful. The ultimate check on the executive branch is the Impeachment Clause in Article II, Section 4. This clause states that the "President, Vice President, and all Civil Officers of the United States" can be impeached and removed from office for "treason, bribery, or other high crimes and misdemeanors."
The controversy surrounding the Impeachment Clause often centres on what constitutes "high crimes and misdemeanors." While treason and bribery are well-defined, the unspecified offences of "high crimes and misdemeanors" remain open to interpretation. The Framers of the Constitution debated this phrase and settled on this formulation to prevent Congress from impeaching officers arbitrarily. The phrase "high crimes and misdemeanors" was intended to signify conduct that seriously harms the public and severely compromises an officer's ability to continue serving.
The term "high misdemeanors" refers to non-capital but serious crimes, whether statutory or common law, state or federal. It is a higher standard than abuse of power, violation of the public trust, or disregard of the national interest. The inclusion of the adjective "high" before both “crimes” and “misdemeanors" indicates that the offences must be of a certain level of gravity.
The process of impeachment is political rather than legal, with the House of Representatives and the Senate interpreting the meaning of "high crimes and misdemeanors." The House of Representatives holds the power to impeach or charge officials with improper conduct, while the Senate has the sole power to try impeachments and establish rules, free from court oversight.
Throughout history, several officials have been accused of "high crimes and misdemeanors," including President Andrew Johnson, who was impeached on eleven articles of impeachment, and President Bill Clinton, who faced a narrow interpretation of the phrase during his impeachment proceedings. The ambiguity of the phrase continues to be a subject of debate, as seen in the recent impeachment proceedings of President Donald Trump, where constitutional scholars offered differing interpretations of the impeachment standards.
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Historical context
The concept of "high crimes and misdemeanors" has a long history in the political and legal landscape of the United States, with its roots dating back to the country's founding. The phrase itself originates from the US Constitution, specifically Article II, Section 4, which outlines the criteria for impeaching the President, Vice President, and other civil officers. The relevant clause states that these officials can be impeached for "Treason, Bribery, or other high Crimes and Misdemeanors."
The historical context of this clause can be traced back to the Constitutional Convention, where prominent founders like James Madison, Benjamin Franklin, and Alexander Hamilton debated its inclusion. The Virginia Plan proponents advocated for impeachment and removal by the federal judiciary, while the New Jersey Plan suggested removal by a majority of state governors. Alexander Hamilton proposed a third option based on the British legal system, where officials could be removed after being charged by the lower house.
During these debates, the vagueness of the term "maladministration" was a point of contention. George Mason initially proposed this term, arguing that treason and bribery were insufficient to cover all offences that could "subvert the Constitution." However, James Madison objected, stating that "maladministration" was too vague and subject to interpretation based on political whims. As a result, "maladministration" was replaced by the phrase "other high crimes and misdemeanors."
The intent behind this phrase was to signify conduct that seriously harms the public and severely compromises an official's ability to continue serving. The Founding Fathers recognised the importance of safeguarding against abuses of power and ensuring a democratic process. The impeachment clause was designed as a check against such abuses, empowering Congress to hold officials accountable while also limiting the grounds for impeachment to protect the separation of powers.
Throughout US history, the interpretation of "high crimes and misdemeanors" has continued to evolve and be a subject of debate. The impeachment of President Andrew Johnson in 1868, for instance, centred on violations of the Tenure of Office Act. More recently, the impeachment proceedings of President Donald Trump and Biden's Secretary of Homeland Security, Alejandro Mayorkas, have again highlighted the ambiguity surrounding the definition of "high crimes and misdemeanors."
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High crimes and misdemeanors defined
The U.S. Constitution does not define the term "high crimes and misdemeanors". The House of Representatives and the Senate are responsible for interpreting the meaning of the term. The Judiciary Committee's 1974 report, "The Historical Origins of Impeachment", described "high crimes and misdemeanors" as a "term of art", similar to other constitutional phrases like "levying war" and "due process".
The phrase "high crimes and misdemeanors" is included in Article II, Section 4 of the Constitution, which outlines the executive branch and specifies that the "President, Vice President, and all civil Officers of the United States" can be impeached and removed from office for "treason, bribery, or other high crimes and misdemeanors". The first two offenses, treason and bribery, are clearly defined, but the phrase "high crimes and misdemeanors" remains ambiguous and open to interpretation.
The Founding Fathers debated the inclusion of this phrase, recognising the need for a mechanism to address serious offenses that did not fall under treason or bribery. George Mason, who proposed the term, intended it to be a criterion for removing public officials who abuse their office. Other phrases considered during the debates included "high misdemeanor", "maladministration", and "misbehave". James Madison objected to the use of "maladministration", arguing that it was too vague and could lead to impeachment based on political whims. The final adoption of the phrase "high crimes and misdemeanors" signified the seriousness of conduct that harms the public and compromises an officer's ability to serve.
The interpretation of "high crimes and misdemeanors" has evolved over time, with varying applications in different historical contexts. The phrase has been associated with a range of offenses, including misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and violating the public trust. The impeachment of President Andrew Johnson in 1868, for instance, centred on his violation of the Tenure of Office Act, which was considered a "high crime and misdemeanor".
While the exact definition remains open to interpretation, "high crimes and misdemeanors" generally refer to non-capital but serious crimes, whether statutory or at common law, state or federal. It sets a high standard for impeachment, ensuring that only the most severe offenses that significantly impact the public and the officer's ability to serve are considered grounds for removal from office.
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Impeachment process
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.
Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives brings articles (charges) of impeachment against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, sitting as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers," act as prosecutors before the Senate. 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 some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.
The Constitution permits impeachment and removal of federal officers for "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" was not specified in the Constitution and has long been the subject of debate. "High misdemeanors" are non-capital, but serious, crimes, whether statutory or at common law, state or federal. They refer to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offenses.
The process of impeaching someone in the House of Representatives and convicting them in the Senate is complex, made to be a balance against efforts to remove people from office for minor reasons that could easily be determined by the standard of "high crimes and misdemeanors." George Mason offered the term "high crimes and misdemeanors" as one of the criteria to remove public officials who abuse their office. The original intention can be inferred from the phrases proposed before, such as "high misdemeanor," "maladministration," or "other crime."
Three presidents, one senator, one cabinet officer, and fifteen judges have been impeached, and of those, only eight judges have been convicted and removed from office. Former President Richard Nixon resigned after Congress started the impeachment process against him in 1974. President Andrew Johnson was impeached on February 24, 1868, on eleven articles of impeachment detailing his "high crimes and misdemeanors," but the Senate fell one vote short of conviction.
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Examples of high crimes and misdemeanors
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the U.S. Constitution, which outlines the process for impeaching the President, Vice President, and other civil officers of the United States. While the specific definition of "high crimes and misdemeanors" has been debated and interpreted differently over the years, it generally refers to serious offences or misconduct by officials that warrant impeachment.
- Misappropriation of government funds: This includes using government funds for personal gain or allocating funds in a way that benefits certain individuals or groups unfairly.
- Appointing unfit subordinates: This involves appointing individuals to positions of power who lack the necessary qualifications, skills, or integrity to serve in those roles effectively and in the best interests of the public.
- Failure to prosecute cases: This refers to a deliberate or negligent refusal to pursue legal action or enforce the law, which can result in injustice and a breakdown of the legal system.
- Promoting themselves ahead of more deserving candidates: Officials may use their power and influence to advance their careers or gain benefits over more qualified or deserving individuals, undermining the merit-based principles of public service.
- Threatening a grand jury: Intimidating or attempting to influence the decisions or testimonies of a grand jury is a serious offence as it interferes with the judicial process and can compromise the integrity of legal proceedings.
- Disobeying orders from Parliament: Failing to comply with the directives of Parliament demonstrates a disregard for the legislative branch's authority and can hinder the functioning of the government.
- Arresting an individual to prevent them from running for Parliament: This action infringes on an individual's political rights and undermines the democratic process by removing a potential candidate from contention.
- Suppressing petitions to the King to call a Parliament: This action hinders the ability of citizens to petition their government and restricts their right to participate in the political process.
- Violation of the Tenure of Office Act: In the case of President Andrew Johnson, he was accused of violating this act by removing the Secretary of War, Edwin M. Stanton, and replacing him with someone else. The specifics of Johnson's violation were debated, as it was unclear if he had the authority to remove Stanton, who was nominated by a previous president.
- Abuse of power: This can include using one's official position or authority to gain personal benefits, exert undue influence, or take actions that are not in the best interests of the public or the nation.
- Negligence: Negligence can include failing to fulfil the duties and responsibilities of one's office, resulting in harm or negative consequences for the nation or its citizens.
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Frequently asked questions
The Constitution permits the impeachment and removal of federal officers for "treason, bribery, or other high crimes and misdemeanors".
The exact meaning of "high crimes and misdemeanors" is not defined by the Constitution. It generally refers to serious offences that are non-capital but are still considered harmful to the public and compromise an officer's ability to continue.
Officials accused of "high crimes and misdemeanors" have been accused of a variety of offences, including misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and disobeying an order from Parliament.
The House of Representatives and the Senate are responsible for interpreting the meaning of "high crimes and misdemeanors" during impeachment proceedings.
President Andrew Johnson was impeached by the House of Representatives on eleven articles of impeachment detailing his "high crimes and misdemeanors", but the Senate fell one vote short of conviction.
