Malcolm Rivera
Impeachment is a process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. The impeachment power is a fundamental component of the system of checks and balances. The United States Constitution provides that the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors, although the latter is not defined in the Constitution. Impeachment is mentioned in Article I, Section 2, Clause 5, Article I, Section 3, Clauses 6-7, Article II, Section 2, Clause 1, and Article II, Section 4 of the Constitution.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, and all civil officers of the United States. |
| Who can impeach? | The House of Representatives. |
| Who tries impeachments? | The Senate. |
| What is the penalty for an impeached official upon conviction? | Removal from office and potentially a bar from holding future office. |
| What are the grounds for impeachment? | "Treason, Bribery, or other high Crimes and Misdemeanors". |
| What is the required majority to convict? | Two-thirds of the Members present. |
| Can the President pardon an impeached official? | No. |
| Can impeachment occur at the state level? | Yes, most state legislatures can impeach state officials, including the governor. |
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What You'll Learn
Who can be impeached?
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, Section 2). The President, Vice President, and all civil officers of the United States are subject to impeachment. 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, removing them from office.
The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment. While the meaning of treason and bribery is relatively clear, the scope of "high crimes and misdemeanors" lacks a formal definition and has been fleshed out over time through the practice of impeachments in the United States Congress.
At the state level, most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. Additionally, impeachment is a practice of other government bodies, such as tribal governments.
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What constitutes impeachable behaviour?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The penalty for an impeached official upon conviction is removal from office, and possibly a bar from holding future 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 been the subject of much debate. The meaning of "high crimes and misdemeanors" is informed by the history of congressional impeachments, rather than judicial decisions. The phrase "high crimes and misdemeanors" first appeared in 1388 during the impeachment of the Earl of Suffolk, and has an ancient English history.
Impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain. For example, in 1868, President Andrew Johnson was impeached for violating the Tenure of Office Act. In 1986, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms. In 2010, Judge G. Thomas Porteous was impeached for engaging in a corrupt relationship with bail bondmen.
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. Additionally, impeachment is a practice of other government bodies, such as tribal governments.
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Who has the power to impeach?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. Impeachment may occur at the federal level or at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments and at the local level of government.
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). This means that the House of Representatives has the power to initiate impeachment proceedings, while the Senate has the power to try impeachments. The president of the United States does not have the power to impeach, but they do have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
To impeach a federal official, the House of Representatives must approve articles of impeachment by a simple majority vote. These articles of impeachment are then sent to the Senate, which sits as a High Court of Impeachment. The Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. A two-thirds majority is required 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.
At the state level, most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. Additionally, impeachment is a practice of other government bodies, such as tribal governments and municipal governments. For example, several cities, including Houston, Texas, and Louisville, Kentucky, have had municipal governments that allow impeachment proceedings against municipal officials such as mayors.
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What is the process of impeachment?
In the United States, impeachment is the process by which a legislature may bring charges against a government official for misconduct or wrongdoing. Impeachment may occur at the federal level or at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government.
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 House of Representatives brings articles (charges) of impeachment against an official and approves them by a simple majority vote. 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. A committee of representatives, called "managers," act as prosecutors before the Senate. The Senate requires a two-thirds vote 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.
The grounds for impeachment are limited to "Treason, Bribery, or other high Crimes and Misdemeanors," though the Constitution does not define "high crimes and misdemeanors." This has long been the subject of debate, with the scope of "high crimes and misdemeanors" fleshed out over time through the practice of impeachments in the United States Congress.
It is important to note that impeachment is a remedial rather than punitive process, and 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 is constitutionally prevented from granting a pardon to impeached and convicted persons.
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Can an impeached official be tried after they leave office?
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2), while the Senate has 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.
An official can be impeached for "Treason, Bribery, or other high Crimes and Misdemeanors." While the Constitution limits the grounds of impeachment to these offences, it does not define "high crimes and misdemeanors." This has been the subject of much debate, with the scope of these terms being fleshed out over time through the practice of impeachments.
The House of Representatives brings articles of impeachment against an official, charging them with wrongdoing. If the House adopts the articles by a simple majority vote, the official has been impeached, and the Senate holds an impeachment trial. If the impeached official is found guilty by a two-thirds majority vote in the Senate, they are removed from office and may be barred from holding elected office again.
In answer to the question, "Can an impeached official be tried after they leave office?," the Senate has concluded, by majority vote, that an official impeached while in office remains subject to trial, conviction, and imposition of the penalty of disqualification even after leaving office. This was the case with former President Donald Trump, who was subject to the jurisdiction of a Court of Impeachment for acts committed while President, despite no longer being in office.
It is important to note that impeachment proceedings are remedial rather than punitive, and an impeached official may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
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Frequently asked questions
Yes, impeachment is mentioned in Article I of the US Constitution, which grants the House of Representatives the "sole Power of Impeachment". Article I also assigns the Senate the "sole Power to try all Impeachments".
The US Constitution states that the President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office. However, members of Congress are not considered "civil officers" and therefore cannot be impeached.
The US Constitution limits the grounds for impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors". However, the term "high Crimes and Misdemeanors" is not explicitly defined in the Constitution and has been the subject of debate.
