Jonah Patel
The U.S. Senate voted 56-44 in favour of the constitutionality of holding an impeachment trial for former President Donald Trump. This vote affirmed the Senate's jurisdiction to try a president once they have left office. The Constitution requires a two-thirds vote of the Senate to convict and remove an official from office, and this supermajority threshold has been met in about half of Senate impeachment trials since 1789.
| Characteristics | Values |
|---|---|
| Date of Vote | February 9, 2021 |
| Number of Senators who voted that impeachment is constitutional | 56 |
| Number of Senators who voted against | 44 |
| Subject of Impeachment | Donald Trump |
| Subject's Position | Former President |
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What You'll Learn
- The Senate's affirmation of the constitutionality of impeaching former presidents
- The Senate's power to try all impeachments
- The Senate's role as a High Court of Impeachment
- The two-thirds majority required to convict in the Senate
- The Senate's ability to disqualify officials from holding future public office
The Senate's affirmation of the constitutionality of impeaching former presidents
The U.S. Senate has affirmed the constitutionality of impeaching former presidents. In a vote of 56-44, the Senate voted that it has the jurisdiction to try a president even after they have left office. This vote came after four hours of debate on the issue. Six Republican senators joined the Democrats in voting that the trial is permissible, foreshadowing a likely acquittal.
The Senate's vote was based on the argument that the Constitution gives the Senate the power to try "all" impeachments. House impeachment managers also cited Article I, Section 3, which states that disqualification "obviously applies to both current and former officers." Additionally, they pointed to a previous instance in which the Senate held an impeachment trial for a former government official, William W. Belknap, who was impeached by the House of Representatives after resigning as Secretary of War.
However, some have argued that allowing impeachments of former officials could set a dangerous precedent, as it may lead to "partisan impeachments" and put the institution of the presidency at risk. Nevertheless, the Senate's vote affirms that holding those in the highest office accountable for their actions, even after they have left their position, is a crucial aspect of the U.S. democratic system.
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The Senate's power to try all impeachments
The U.S. Senate has the "sole power to try all impeachments". This power is derived from Article I, Section 3 of the U.S. Constitution, which states that the Senate has the authority to try all impeachments. The Senate sits as a High Court of Impeachment, where senators consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Senate's power to try impeachments is a fundamental component of the system of "checks and balances" adopted by the framers of the Constitution.
The process typically begins with the House of Representatives, which can impeach an official with a simple majority vote. Once an official has been impeached by the House, the Senate holds an impeachment trial. In the case of a presidential impeachment trial, the chief justice of the United States presides. For the impeachment of any other official, the Senate's usual presiding officer, the vice president of the United States, typically presides.
The Senate's power to try impeachments extends beyond current officeholders. In the case of former President Donald Trump, the Senate voted 56-44 that it had the jurisdiction to try him even after he had left office. This vote affirmed the constitutionality of holding an impeachment trial for a former president and paved the way for Trump's second impeachment trial. Trump is the only federal officer to have been impeached more than once.
The Senate's power to try impeachments is not without limits. The Constitution requires a two-thirds vote of the Senate to convict an official, and the penalty for conviction is removal from office. Additionally, the Senate may vote with a simple majority to disqualify a convicted official from holding public office in the future. However, there is no right to a jury for an impeachment trial in the Senate, and conviction on impeachment charges is not subject to the Constitutional prohibition against double jeopardy.
Overall, the Senate's power to try all impeachments is a crucial aspect of the U.S. constitutional system, providing a check on the power of federal officials and ensuring accountability for their actions.
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The Senate's role as a High Court of Impeachment
The impeachment process begins with the House of Representatives, which charges an official by approving articles of impeachment by a simple majority vote. The Senate then acts as a court, hearing the case and voting on a verdict. In the case of presidential impeachment trials, the chief justice of the United States presides, while in other cases, the presiding officer is typically the president of the Senate, who is also the vice president of the United States.
The Senate's power to try impeachments and its role as a High Court of Impeachment are established in Article I, Section 3 of the United States Constitution, which states that "the Senate shall have the sole Power to try all Impeachments ... [but] no person shall be convicted without the Concurrence of two-thirds of the Members present." This means that conviction in the Senate requires a two-thirds supermajority vote, and the penalty for an impeached official upon conviction is removal from office. The Senate also has the power to disqualify convicted officials from holding public offices in the future with a simple majority vote.
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The two-thirds majority required to convict in the Senate
The U.S. Constitution requires a two-thirds majority vote of the Senate to convict an impeached official. The Senate sits as a High Court of Impeachment, where senators consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The penalty for conviction is removal from office, and the disqualified official may be barred from holding public office in the future.
In the case of President Andrew Johnson's impeachment trial in 1868, the Senate fell just short of the required two-thirds majority. The vote was 35-19, with seven Republican senators breaking ranks with their party to prevent Johnson's conviction. This example illustrates the critical role that the two-thirds majority plays in the impeachment process, as a single vote can determine the outcome.
The two-thirds majority is calculated based on the number of senators present to vote, rather than the total number of senators. This is important because it ensures that the conviction is based on the active participation and agreement of a substantial portion of the Senate.
In the context of the impeachment of former President Donald Trump, the Senate voted 56-44 to affirm the constitutionality of holding an impeachment trial for a former president. This vote demonstrated that a significant portion of the Senate supported the trial, meeting the two-thirds majority requirement.
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The Senate's ability to disqualify officials from holding future public office
The U.S. Senate has the power to disqualify officials from holding public office in the future. This power is derived from the Senate's role in the impeachment process, which is a fundamental component of the system of checks and balances established by the U.S. Constitution.
The impeachment process begins with the House of Representatives, which can impeach an official by approving articles of impeachment with a simple majority vote. The Senate then sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting on whether to acquit or convict the impeached official.
To convict an official, the Senate requires a two-thirds majority vote. If an official is convicted, they are removed from office. The Senate may then hold a separate vote on whether to disqualify the official from holding public office in the future. This vote only requires a simple majority to pass.
The Senate has exercised this power on several occasions throughout history. In 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office. In 1876, the Senate held impeachment trials for William W. Belknap, who had resigned as United States Secretary of War. More recently, the Senate voted to hold an impeachment trial for former President Donald Trump, paving the way for a potential conviction and disqualification from holding future office.
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Frequently asked questions
56 senators voted that impeachment is constitutional in the case of former president Donald Trump.
44 senators voted that the impeachment of Donald Trump was not constitutional.
No, Donald Trump is the only federal officer to have been impeached more than once.
A two-thirds vote of the Senate is required to convict an impeached official.
