Malcolm Rivera
Impeachment is a process that originated in England and was later adopted by the framers of the US Constitution as a fundamental component of the system of checks and balances. The impeachment process allows Congress to charge and try an official of the federal government for Treason, Bribery, or other high Crimes and Misdemeanors. The House of Representatives brings articles of impeachment against an official, and if approved by a simple majority vote, the official is impeached. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. If convicted, the official is removed from office and may be disqualified from holding future public offices. Impeachment also occurs at the state and local levels of government, with most state legislatures having the power to impeach state officials, including the governor.
| Characteristics | Values |
|---|---|
| Origin | England |
| Purpose | To address the potential for abuse of executive power |
| Process | The House of Representatives brings articles (charges) of impeachment against an official, triggering a federal impeachment trial in the United States Senate |
| Grounds for Impeachment | "Treason, Bribery, or other high Crimes and Misdemeanors" |
| Voting Requirements | Simple majority to impeach, two-thirds majority to convict |
| Penalty | Removal from office, potential disqualification from holding future public offices |
| Applicability | President, Vice President, federal civil officers, state officials, local governments, tribal governments |
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What You'll Learn
The role of the House of Representatives
The House of Representatives plays a crucial role in the impeachment process within the American constitutional system. It holds the sole power to initiate impeachment proceedings against federal officials, including the President, Vice President, and civil officers. This power is derived from Article I of the Constitution, which grants the House the authority to bring charges against these officials.
The House of Representatives can impeach an official by approving, through a simple majority vote, the articles of impeachment. These articles outline the specific charges against the official, which can include "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" has been a subject of debate, as it is not explicitly defined in the Constitution. Once the House adopts the articles of impeachment, the official is considered impeached.
The House has initiated impeachment proceedings numerous times throughout history, with at least 60 recorded instances. However, only a small proportion of these initiations have resulted in actual impeachments. The House's role in the impeachment process is a vital component of the system of checks and balances within the American constitutional framework. It serves as a mechanism to hold federal officials accountable and protect the public interest.
While the House of Representatives has the power to initiate impeachment, the subsequent trial and conviction processes are handled by the Senate. The Senate acts as the sole court for impeachment trials, considering evidence, hearing witnesses, and voting on the conviction and potential removal from office of the impeached official. The Senate can also disqualify convicted officials from holding future public offices.
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The Senate's power
The Senate's role in the impeachment process is to try the impeached official, acting as a court to determine guilt or innocence. The House of Representatives brings articles of impeachment (charges) against an official, and if they are adopted by a simple majority vote, the official is impeached, triggering a federal impeachment trial in the Senate. The Senate then hears the case, with a committee of representatives acting as prosecutors, or "managers". In the case of presidential impeachment trials, the chief justice of the United States presides.
The Senate's impeachment power has been exercised on several occasions, with at least eight officials found guilty and removed from office. These include federal judges and one senator. Additionally, several state governors have faced impeachment trials, and others have resigned to avoid impeachment.
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Grounds for impeachment
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with the penalty of removal from office. The Constitution gives Congress the power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The House of Representatives brings articles of impeachment (charges) against an official, and if approved by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, after which the impeached official is either acquitted or convicted and removed 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. Federal judges are subject to impeachment, and within the executive branch, any presidentially appointed "principal officer", such as a secretary, administrator, or commissioner, is a civil officer of the United States and is therefore subject to impeachment.
Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. At least eleven U.S. state governors have faced impeachment trials, and several others have resigned rather than face impeachment.
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Impeachment at state level
Impeachment at the state level in the United States follows a similar process to federal impeachment. Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. A number of US territories and tribal governments also have impeachment powers.
State impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. This means that a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
The House of Representatives brings articles of impeachment (charges) against an official, and if these are approved by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, with the chief justice of the United States presiding. In some states, such as New York, the State Senate tries the case with members of the state's highest court sitting with the senators as jurors.
To convict an accused, a two-thirds majority of senators present must vote in favour of at least one article of impeachment. If the accused is convicted, they are removed from office and may be barred by a simple majority vote from holding future federal office. If there is no single charge commanding a "guilty" vote from two-thirds of senators present, the defendant is acquitted and no punishment is imposed.
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Impeachment vs. criminal prosecution
Impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with the penalty of removal from office. The process of impeachment operates as a system of checks and balances, where Congress charges and tries an official of the federal government 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 debated.
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The president of the United States cannot grant a pardon to impeached and convicted persons, but may do so in any resulting federal criminal case.
A trial by the U.S. Senate in the case of impeachment involves presenting evidence, having a prosecution and a defence, and calling witnesses. Despite these similarities to a criminal trial, a Senate trial is not a legal proceeding. It is a constitutional one, reserved for the legislative branch of the federal government. An individual facing impeachment does not face prison or financial penalties but rather removal from office and a potential ban from future office-holding.
The House of Representatives brings articles (charges) of impeachment against an official, and if they are adopted by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, and if found guilty, the official is removed from office and may be barred from holding future office. If the official is acquitted, they may continue to serve in office.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The President, Vice President and all Civil Officers of the United States can be impeached and removed from office. Federal judges are also subject to impeachment.
The House of Representatives has the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. Most state legislatures can impeach state officials, including governors.
The impeached official is tried by the Senate, which sits as a High Court of Impeachment. If convicted by a two-thirds majority vote, the official is removed from office and may be barred from holding public office in the future.
