Eleanor Finch
The U.S. Constitution gives Congress the power to impeach federal officials, including the President, Vice President, and all civil officers. The House of Representatives brings articles of impeachment, and if approved by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, and if the impeached official is found guilty, they are removed from office and may be barred from holding elected office again. The Constitution does not limit the number of times an individual may be impeached, and there is no mention of whether an impeached official can run for another term. However, if they are not found guilty, they may continue to serve in office.
| 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. |
| Who tries the impeachment? | The Senate. |
| What is required to convict? | A two-thirds majority vote in the Senate. |
| What is the penalty for an impeached official upon conviction? | Removal from office. |
| Can the impeached official hold public office in the future? | In some cases, the Senate has disqualified impeached officials from holding public office in the future. |
| Can an official be tried after they are no longer in office? | The Constitution is silent on this matter. However, there have been instances of impeachment proceedings continuing after the official has resigned or their term has ended. |
| Is there a limit to the number of times an individual can be impeached? | No. |
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What You'll Learn
- The US Constitution gives the House of Representatives the power to impeach federal officials
- Grounds for impeachment include treason, bribery, and other high crimes and misdemeanors
- Impeachment may occur at the state level, in tribal governments, or at the local level
- The impeached official has the right to mount a defence with their own attorneys
- The Senate can disqualify impeached individuals from holding future office
The US Constitution gives the House of Representatives the power to impeach federal officials
The US Constitution gives the House of Representatives the sole power to impeach federal officials. This is outlined in Article I, Section 2, of the US Constitution, which states that the House of Representatives "shall have the sole Power of Impeachment".
The impeachment process involves the House of Representatives charging an official of the federal government with "Treason, Bribery, or other high Crimes and Misdemeanors". The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been debated. The House brings articles of impeachment against an official, and if these articles are approved by a simple majority vote, the official has been impeached.
Once impeachment is approved by the House, the process moves to the Senate, which holds an impeachment trial. 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 supermajority to convict, and upon conviction, the official is automatically removed from office.
The House of Representatives has impeached several individuals, including three presidents: Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021. The impeachment process also extends to federal judges, cabinet secretaries, and senators.
It is important to note that impeachment is a check on executive power, ensuring accountability for misconduct or abuse of public trust. The process originated in England and was later adopted by American colonial and state governments, evolving to fit the US political system.
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Grounds for impeachment include treason, bribery, and other high crimes and misdemeanors
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2). The Constitution limits the grounds for impeachment of federal officials 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.
The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House has the responsibility to make the initial investigation and determine whether or not to impeach. If impeachment is deemed appropriate, the House will vote to impeach and specify the particular grounds for impeachment. These are then presented to the Senate for trial.
The Senate has the "sole Power to try all Impeachments" (Article I, section 3) and acts as a High Court of Impeachment. The Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. A conviction on any one of the articles of impeachment constitutes a conviction in the impeachment trial; the individual need not be convicted on all articles. The Senate requires a two-thirds supermajority to convict a person being impeached. Upon conviction, the official is automatically removed from office and may also be barred from holding future office.
The president, vice president, federal judges, and all civil officers of the United States are subject to impeachment. There is no limit to the number of times an individual may be impeached. The impeachment process provides a mechanism for the removal of officeholders for misconduct, which need not be criminal in nature.
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Impeachment may occur at the state level, in tribal governments, or at the local level
At the state level, impeachment can occur if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including governors, in accordance with their respective state constitutions. For example, in 2009, the Illinois House of Representatives voted 117-1 to impeach Rod Blagojevich, the governor, on corruption charges. Several other governors have also faced impeachment trials.
Impeachment may also occur in tribal governments. Many tribes utilize a bifurcated process similar to the federal government, with an impeachment vote followed by an impeachment trial. Tribal governments that have an impeachment process include the Pine Ridge Indian Reservation, Northern Cheyenne Indian Reservation, Eastern Band of Cherokee Indians, and Oglala Sioux. Examples of Native tribal officials that were impeached include Cecilia Fire Thunder, impeached three times as president of the Oglala Sioux, and Joe Brunch, impeached as chief of the United Keetoowah Band of Cherokee Indians.
Impeachment can also occur at the local level of government. Municipal governments in cities such as Houston, Texas, and Louisville, Kentucky, have the power to impeach municipal officials such as mayors.
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The impeached official has the right to mount a defence with their own attorneys
The United States Constitution gives the House of Representatives the power to impeach federal officials. The president, vice president, and all civil officers of the United States are subject to impeachment. The penalty for an impeached official is removal from office, and they may be barred from holding public office in the future.
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. In the case of a president, the U.S. Supreme Court chief justice presides.
The Senate enters judgment on its decision, whether to convict or acquit, and a copy of the judgment is filed with the Secretary of State. The Senate trial is not a criminal proceeding but more closely resembles a civil service termination appeal.
The Constitution does not limit the number of times an individual may be impeached. The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump, which commenced twenty days after his term in office expired. By a 55-45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.
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The Senate can disqualify impeached individuals from holding future office
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment for treason, bribery, or other high crimes and misdemeanors. While the Constitution does not define "high crimes and misdemeanors", it does outline the process of impeachment and the powers of the House and Senate in this regard.
The House of Representatives brings articles of impeachment against an official, charging them with misconduct. If the House adopts the articles by a simple majority vote, the official has been impeached, and the Senate holds an impeachment trial. The Senate sits 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.
Upon conviction in the Senate, the official is automatically removed from office. The Senate can also, with just a simple majority vote, disqualify impeached individuals from holding federal elected office in the future. This disqualification is a discretionary judgment, and there is no explicit constitutional linkage to the two-thirds vote on conviction. This means that even if an official is acquitted, they may still be barred from holding future office.
The Senate has used this power on several occasions, including in 1797 when it continued impeachment proceedings against Senator William Blount even after he had been expelled from office. The Senate ultimately dismissed the proceedings, determining that a Senator is not a "civil officer of the United States". In 1876, the Senate impeached and acquitted William W. Belknap, who had resigned as United States Secretary of War, but it did not disqualify him from holding future office.
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Frequently asked questions
Impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. In the US, the House of Representatives has the sole power of impeachment.
Once impeached, the official is tried by the Senate, which acts as a High Court of Impeachment. If found guilty, the official is removed from office and may be barred from holding elected office in the future.
The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". The exact definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been the subject of debate.
It depends. While the Senate can bar an official from holding future office with a simple majority vote, there is no limit on the number of times an individual may be impeached.
