Isabella Carter
The United States Constitution gives the House of Representatives the power to impeach federal officials. The House Committee on the Judiciary, by majority vote, determines whether grounds for impeachment exist. However, this vote is not required by the US Constitution and US law. The House may bring impeachment charges and initiate proceedings by passing a resolution authorizing an inquiry. The Committee then chooses whether to pursue articles of impeachment against the accused official, which are then reported to the full House. If the House votes to impeach, the matter is presented to the Senate for trial. The Senate has the sole power to try all impeachments and convict an official, removing them from office.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, and all Civil Officers of the United States |
| Who has the power to impeach? | The House of Representatives |
| Who has the power to try impeachments? | The Senate |
| What is required to convict? | A two-thirds vote of the Senate |
| What is the penalty for an impeached official upon conviction? | Removal from office and possible disqualification from holding public office in the future |
| What is the process for initiating impeachment? | A resolution is adopted by the full House of Representatives, which may first pass through a House committee |
| Is a vote required to investigate for impeachment? | No, a vote is not required by the US Constitution and US law, but the House has the responsibility to make the initial investigation and determine whether impeachment is appropriate |
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What You'll Learn
The House of Representatives has the power to impeach
The United States Constitution grants the House of Representatives "the sole Power of Impeachment". This means that the House has the authority to initiate impeachment proceedings and bring charges, also known as articles of impeachment, against federal officials. The House may bring these charges as part of its oversight and investigatory responsibilities, often following a resolution adopted by the full House.
The impeachment process can be requested by non-members, such as a special prosecutor, the president, or a state or territorial legislature. A member of the House of Representatives may also trigger the process by presenting a list of charges under oath or by requesting a referral to the appropriate committee. The House Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have also been formed to investigate charges.
If the committee chooses to pursue articles of impeachment, they are reported to the full House. The House then debates the resolution and may vote on each article of impeachment individually. A simple majority of those present and voting is required for each article to pass. If the House votes to impeach, managers are selected to present the case to the Senate, which then holds an impeachment trial.
The House of Representatives has exercised its power to impeach on numerous occasions. For example, in 1974, the House passed a resolution authorizing the Committee on the Judiciary to investigate whether grounds existed to impeach President Richard Nixon. While the House never voted on the resolution due to Nixon's resignation, it demonstrated the House's ability to initiate impeachment proceedings. In 2010, the House voted to impeach Federal District Judge Thomas Porteous for engaging in corrupt financial relationships and making false statements, resulting in his conviction and removal from office by the Senate.
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The Senate has the power to try impeachments
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" (Article I, section 2). The House may bring impeachment charges against federal officials as part of its oversight and investigatory responsibilities. The House can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate.
The Senate has the "sole Power to try all Impeachments" (Article I, section 3). The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Senate holds an impeachment trial, and in the case of a president, the U.S. Supreme Court chief justice presides. The Senate 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.
The impeachment process provides a mechanism for the removal of the President, Vice President, and other federal civil officers found to have engaged in "treason, bribery, or other high crimes and misdemeanors." The Constitution places the responsibility and authority to determine whether to impeach and to draft articles of impeachment in the hands of the House of Representatives. Should the House vote to impeach, the matter is then presented to the Senate for trial. Under the Constitution, the Senate has the unique power to try an impeachment.
The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. This vote is not required by the US Constitution or US law. The Committee then chooses 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 on its behalf. These managers act as prosecutors in the Senate.
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A simple majority vote is required to impeach
The United States Constitution gives the House of Representatives the "sole Power of Impeachment". The House may bring impeachment charges against federal officials as part of its oversight and investigatory responsibilities. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. This vote is not required by the US Constitution or US law.
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. These managers act as prosecutors in the Senate and have historically been members of the Judiciary Committee. A simple majority of those present and voting is required for each article for the resolution as a whole to pass.
The House of Representatives charges an official of the federal government by approving, by simple majority vote, articles of impeachment. If the House adopts the articles by a simple majority vote, the official has been impeached. The House can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution.
The impeachment process provides a mechanism for the removal of the President, Vice President, and other federal civil officers found to have engaged in "treason, bribery, or other high crimes and misdemeanors". The Constitution places the responsibility and authority to determine whether to impeach and to draft articles of impeachment in the hands of the House of Representatives.
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A two-thirds majority vote is required to convict
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" and the "Senate shall have the sole Power to try all Impeachments". The House of Representatives brings articles (charges) of impeachment against an official, which are then approved by a simple majority vote. This triggers a federal impeachment trial in the United States Senate, which can then vote by a two-thirds majority to convict an official, removing them from office. The Constitution requires this two-thirds majority vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. The Senate may also disqualify such officials from holding public office in the future, although this requires only a simple majority vote.
The House of Representatives has the responsibility to make the initial investigation and to determine whether or not to impeach. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. This vote is not required by the US Constitution or US law. The House may bring impeachment charges against federal officials as part of its oversight and investigatory responsibilities. The Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have investigated charges before the creation of the Judiciary Committee in 1813. The committee then chooses whether to pursue articles of impeachment against the accused official and report them to the full House. If the articles are adopted (by simple majority vote), the House appoints Members by resolution to manage the ensuing Senate trial on its behalf.
The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of presidential impeachment trials, the chief justice of the United States presides. The president, vice president, and all civil officers of the United States are subject to impeachment. They may be impeached for "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 the subject of debate.
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Impeachment proceedings are remedial, not punitive
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment". The House of Representatives brings articles (charges) of impeachment against an official, which are then adopted by a simple majority vote. The official has then been impeached. The Senate then holds an impeachment trial, trying the accused. In the case of a presidential impeachment trial, the chief justice of the United States presides.
The impeachment process may be requested by non-members, such as a special prosecutor, the president, or state or territorial legislature. An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. This vote is not required by the US Constitution or US law.
Congress has identified three general types of conduct that constitute grounds for impeachment: improperly exceeding or abusing the powers of the office; behaviour incompatible with the function and purpose of the office; and misusing the office for an improper purpose or for personal gain. The standard of proof required for impeachment and conviction is left to the discretion of individual representatives and senators, respectively.
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Frequently asked questions
No, it does not. The House Committee on the Judiciary will determine whether grounds for impeachment exist by majority vote, but this is not required by the Constitution. The House has the responsibility to make the initial investigation and to determine whether or not to impeach.
The impeachment process may be requested by non-members. The House of Representatives brings articles (charges) of impeachment against an official and votes to impeach by a simple majority. The matter is then presented to the Senate for trial, which votes by a two-thirds majority to convict and remove the official from office.
The President, Vice President, and all civil officers of the United States are subject to impeachment.
