Omar Bennett
The United States Constitution provides that the House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. The Constitution grants Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States 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. The impeachment process charges and tries an official of the federal government, and a two-thirds vote of the Senate is required to convict and remove them from office.
| Characteristics | Values |
|---|---|
| Authority to impeach | Given to Congress by the Constitution |
| Power to impeach | Granted solely to the House of Representatives |
| Power to try impeachments | Assigned solely to the Senate |
| Sanctions | Limited to removal from office and potentially barred from holding future office |
| Pardon power | Does not extend to cases of impeachment |
| Subject to impeachment | The President, Vice President, and all civil officers of the United States |
| Grounds for impeachment | Treason, bribery, or other high crimes and misdemeanors |
| Conviction | Requires a two-thirds vote of the Senate |
| Chief Justice | Presides over presidential impeachment trials |
| Impeachment proceedings | May be requested by a member of the House of Representatives or non-members |
| Impeachment trial | Conducted by the Senate, which sits as a High Court of Impeachment |
| Disqualification | May be barred from holding public office in the future |
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What You'll Learn
The House of Representatives has the sole power of impeachment
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" in Article I, Section 2, Clause 5. This power allows the House to charge an official of the federal government, including the President, Vice President, and all civil officers, with "Treason, Bribery, or other High Crimes and Misdemeanors." The House of Representatives is responsible for initiating the impeachment process, which can be requested by a member of the House or a non-member, such as a special prosecutor or the president. The House Committee on the Judiciary is typically responsible for handling impeachment resolutions.
The Framers of the Constitution included impeachment in Article I, even before defining the presidency in Article II, demonstrating its importance as a check on executive power. They modelled the process on the British example, where the House of Commons brings charges and the House of Lords considers them at trial. In the US system, the Senate is the sole court for impeachment trials, responsible for trying impeachments and voting to acquit or convict the accused.
To impeach an official, the House of Representatives must pass articles of impeachment by a simple majority vote. These articles constitute the formal allegations against the official in question. Once the House approves the articles, the official is considered impeached, and the process moves to the Senate for trial. During a presidential impeachment trial, the chief justice of the United States presides over the proceedings, while in other cases, the Senate's usual presiding officer, the vice president, typically presides.
The Senate's role in an impeachment trial is to consider the evidence, hear witnesses, and vote on the guilt of the accused. A two-thirds supermajority vote is required to convict, and the penalty for an impeached official upon conviction is removal from office. Additionally, the Senate may also vote to disqualify the official from holding public office in the future. It is important to note that impeachment proceedings are not punitive in nature, and an impeached official may still be subject to criminal or civil trial and prosecution under the law.
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The Senate tries impeachments
The United States Constitution assigns the Senate sole responsibility to try impeachments. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. The House of Representatives acts as the prosecution, and in the case of presidential impeachment trials, the chief justice of the United States presides.
The Senate's role in impeachment trials is a key component of the system of checks and balances established by the Constitution. The Framers of the Constitution included impeachment in Article I, even before defining the presidency in Article II, reflecting its importance as a safeguard against executive power.
To convict an impeached official, the Senate requires a two-thirds majority vote. The penalty for conviction is removal from office, and the Senate may also disqualify the official from holding public office in the future.
The Senate has tried several impeachment cases, including those of three presidents: Andrew Johnson, William J. Clinton, and Donald J. Trump. In addition, the Senate has the jurisdiction to try former officials, as demonstrated in the case of William W. Belknap, who was impeached by the House of Representatives after resigning as Secretary of War.
The Senate's power to try impeachments is a critical aspect of the constitutional framework, ensuring accountability for the President, Vice President, and civil officers of the United States.
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Sanctions for impeachment are limited to removal from office
The US Constitution gives Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States. The House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials.
The sanctions for an impeached and convicted individual are limited to removal from office and, in some cases, a bar from holding public office in the future. This is because impeachment proceedings are remedial rather than punitive in nature. The process is designed to address "Treason, Bribery, or other high Crimes and Misdemeanors", as outlined in Article II, Section 4 of the Constitution. However, the definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been a subject of debate.
The House of Representatives charges an official of the federal government by approving, through a simple majority vote, articles of impeachment. After the House sends its articles of impeachment 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.
It is important to note that impeachment does not preclude criminal liability. Fines and potential jail time for crimes committed while in office are left to civil courts. Additionally, the president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons.
While impeachment is a rare occurrence, it has been used as a tool to hold federal officials accountable for their actions. To date, three presidents—Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021—have been impeached.
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Impeachment proceedings do not preclude criminal liability
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.
The Constitution grants the President the pardon power, but this does not extend to cases of impeachment. The President may, however, pardon any resulting federal criminal cases, unless they are the ones convicted and thus lose the pardon power. The question of whether the President can self-pardon for criminal offences has not been reviewed by a court.
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, resulting in their removal from office. The Senate can also vote with just a simple majority to bar an individual from holding public office in the future.
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The President does not have pardon power in cases of impeachment
The President of the United States has the power to grant reprieves and pardons for offenses against the United States. This power is derived from Article II, Section 2 of the Constitution, which states: "The President ... shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." This means that while the President has broad pardon powers, these do not extend to cases of impeachment.
The explicit constitutional limitation on the President's pardon power with respect to impeachment is to prevent the President from using pardons to preclude or affect the consequences of impeachment. This includes the removal from office and the potential bar from holding future office. The President's pardon power also does not extend to forgiving crimes and misdemeanors that the House of Representatives might charge in a bill of impeachment. Additionally, a pardon cannot prevent a Senate trial on a House-passed impeachment.
The impeachment exception to the President's pardon power is important as it prevents the President from abusing their power to conspire with others to commit crimes that personally profit them or help them maintain office. This limitation on the pardon power recognizes the danger of allowing the President to pardon individuals who have aided them in activities that have given rise to impeachment.
While the President's pardon power is considered plenary and generally cannot be restricted by Congress, it is not without limits. The Supreme Court has confirmed that the pardon power does not extend to cases of impeachment and has interpreted the provision to include the power to grant various forms of clemency, such as conditional pardons and commutations of sentences. The exact scope of the President's pardon power, including its limitations in cases of impeachment, is ultimately determined by the Supreme Court.
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Frequently asked questions
Impeachment is a formal process in which a government official is charged with wrongdoing. The practice originated in England and was later used by many American colonial and state governments.
The President, Vice President, and all civil officers of the United States are subject to impeachment.
The House of Representatives has the sole power of impeachment.
The impeached official is tried by the Senate, which sits as a High Court of Impeachment. The Senate hears evidence and witnesses, and votes to acquit or convict. A two-thirds vote of the Senate is required to convict, and the penalty is removal from office. In some cases, the official may also be disqualified from holding public office in the future.
