Isabella Carter
The United States Constitution explicitly mentions impeachment several times, outlining the process and the grounds for removing federal officials from office. Article I, Section 2 of the Constitution grants the House of Representatives the sole Power of Impeachment, while Article I, Section 3 designates the Senate as the sole court for impeachment trials, requiring a two-thirds majority vote to convict. The Constitution empowers Congress to impeach the President, Vice President, and civil officers for Treason, Bribery, or other high Crimes and Misdemeanors. The Framers of the Constitution considered impeachment essential to address executive power abuse, including it in Article I before defining the presidency in Article II.
| Characteristics | Values |
|---|---|
| Number of times impeachment is mentioned in the US Constitution | 3 |
| Who has the power to impeach? | The House of Representatives |
| Who can be impeached? | The President, Vice President, and all civil officers of the United States |
| What are the grounds for impeachment? | Treason, bribery, or other high crimes and misdemeanors |
| What is required for impeachment? | A simple majority vote by the House of Representatives |
| What happens after impeachment? | The Senate holds an impeachment trial |
| What is required for conviction? | A two-thirds supermajority vote by the Senate |
| What is the penalty for conviction? | Removal from office, and possibly disqualification from holding future office |
| Can a former official be impeached? | Yes, the Senate has taken this position in some cases |
| Can an individual be impeached more than once? | Yes, there is no limit to the number of times an individual can be impeached |
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What You'll Learn
Impeachment powers and their origins
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". The president, vice president, and all civil officers of the United States are subject to impeachment.
The impeachment power also had a toehold in Revolutionary-era America. Prior to the ratification of the U.S. Constitution in 1788, individual states had provided for impeachment in cases of "maladministration" or "corruption." During the Constitutional Convention, the Founders—fearing the potential for abuse of executive power—considered impeachment so important that they included it in Article I of the Constitution, even before they defined the presidency in Article II.
America's impeachment power descended from a similar practice in Britain. The process evolved from the 14th century as a way for Parliament to hold the king's ministers accountable for their public actions. During debate, Framers questioned whether Congress would have the resolve to try and convict a sitting President. Presidents, some Delegates observed, controlled executive appointments, which ambitious Members of Congress might find desirable.
The Framers also addressed what actions and behaviour constituted grounds for impeachment. Treason and bribery were perhaps the most pressing examples, but George Mason of Virginia believed numerous other punishable offences against the state also reached the level of impeachment. During debate, James Madison of Virginia objected to using the term "maladministration," arguing that it was too vague. In response, Mason offered to amend the provision to include "other high Crimes and Misdemeanors" in addition to treason and bribery. "High Crimes and Misdemeanors" was a technical term borrowed from British legal practice that denoted misconduct by public officials against the government.
The definition of "high Crimes and Misdemeanors" was not specified in the Constitution and has long been the subject of debate. In impeachment proceedings, the House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the House of Representatives 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. A committee of representatives, called "managers," act as prosecutors before the Senate.
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Who can be impeached?
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" and that the Senate shall have the sole Power to try all Impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment. The Constitution does not articulate who qualifies as a "civil officer of the United States", but federal judges are subject to impeachment.
Any presidentially appointed "principal officer", including a head of an agency such as a secretary, administrator, or commissioner, is a "civil officer of the United States" subject to impeachment. At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority" and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment.
The Constitution gives Congress the authority to impeach and remove officials upon a determination that such officers have engaged in 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. During the Constitutional Convention, Virginia delegate George Mason suggested adding maladministration to the charges of bribery and treason as impeachable offenses. When concerns were raised about the vagueness of the term, Mason substituted "high crimes and misdemeanors" instead.
In the case of presidential impeachment trials, the chief justice of the United States presides. 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. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.
Impeachment does not extend to private citizens or state officers, but is limited to officers of the federal government. No military officer has ever been impeached, which is consistent with the views of some early constitutional commentary that military officers are not subject to impeachment.
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What actions can lead to impeachment?
The United States Constitution gives the House of Representatives 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 does not specify who qualifies as a "civil officer", but federal judges are subject to impeachment. Any presidentially appointed "principal officer", such as a secretary, administrator, or commissioner, is a "civil officer" and can be impeached. Lesser functionaries, such as federal civil service employees, do not appear to be subject to impeachment.
Impeachment proceedings may be requested by a member of the House of Representatives or by non-members. A charge of actions constituting grounds for impeachment may come from a special prosecutor, the president, a state or territorial legislature, a grand jury, or by petition. An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives.
The Constitution does not define "high Crimes and Misdemeanors", but an official can be impeached for treason, bribery, and "high Crimes and Misdemeanors". The process of impeachment is remedial rather than punitive in nature, and the remedy is limited to removal from office. The convicted person may also be barred from holding public office in the future.
In the case of presidential impeachment trials, the chief justice of the United States presides. 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.
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The process of impeachment
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". The president, vice president, and all civil officers of the United States are subject to impeachment.
The first phase involves an investigation by House committees, hearing from witnesses and gathering evidence. The House Judiciary Committee determines through a majority vote if the public official has engaged in an impeachable offense. If so, the committee sets forth the Articles of Impeachment, which detail the specific allegations of misconduct. A simple majority is needed to pass the resolution and move forward with the impeachment process.
The second phase involves the House of Representatives, which must pass, by a simple majority, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".
The third phase involves the trial and vote in the Senate to convict the official. The Senate conducts a trial using the articles of impeachment, with the Chief Justice of the United States serving as judge and senators serving as the jury. After considering the evidence, the Senate votes on the articles, with a two-thirds majority required to convict and remove the official from office. The Senate can also vote with a simple majority to bar an individual from holding future federal office.
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Impeachment trials and their outcomes
The US Constitution gives the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The power of impeachment can both remove someone from office and, if Congress votes to do so, disqualify an impeached individual from holding future office.
The Constitution does not limit the number of times an individual may be impeached. The House has initiated impeachment proceedings more than 60 times, with roughly a third of these leading to full impeachments. Only eight individuals—all federal judges—have been convicted and removed from office by the Senate. Outside of the 15 federal judges impeached by the House, three Presidents (Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021), two cabinet secretaries (William Belknap in 1876 and Alejandro N. Mayorkas in 2024), and a US Senator (William Blount of Tennessee in 1797) have also been impeached.
In only three instances—all involving removed federal judges—has the Senate taken the additional step of barring them from ever holding future federal office. The Senate can disqualify impeached officials from holding public offices in the future with a simple majority vote. There is no appeal.
The Senate has also continued impeachment proceedings against former officials after their resignation or the end of their term. In 1797, the Senate continued impeachment proceedings against Senator William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, William Belknap was impeached by the House of Representatives hours after resigning as Secretary of War. The Senate voted that it had jurisdiction to try Belknap, but ultimately acquitted him after trial.
The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump, which commenced twenty days after Trump's term in office expired, although Trump's impeachment itself occurred while he was president. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.
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Frequently asked questions
The word "impeachment" is mentioned in the US Constitution at least 4 times.
The House of Representatives has the "sole power of impeachment" (Article I, Section 2) and can impeach federal officials by approving articles of impeachment through a simple majority vote. The Senate then has the "sole power to try all impeachments" (Article I, Section 3) and acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds supermajority is required to convict a person being impeached. If convicted, the official is removed from office and may be disqualified from holding future office.
The Constitution states that 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." The exact definition of "high crimes and misdemeanors" has been debated and is not specified in the Constitution.
