Malcolm Rivera
The Constitution gives Congress the authority to impeach and remove The President, Vice President, and all civil officers of the United States upon a determination of misconduct. The House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachments. The Constitution does not define who qualifies as a civil officer of the United States, and it is silent on whether an officer can be tried after they have resigned or their term has ended. However, in 1797, the Senate continued impeachment proceedings against Senator William Blount even after he had been expelled from office, and in 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. This raises the question: is it constitutional to impeach a private citizen?
| 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 the impeachment? | The Senate |
| What is the required majority to convict? | Two-thirds of the Members present |
| What are the sanctions for an impeached and convicted individual? | Removal from office and potentially a bar from holding future office |
| Does impeachment preclude criminal liability? | No |
| Does the President have the pardon power in cases of impeachment? | No |
| Can a former official be impeached? | Yes, but the constitutional text is silent on this |
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What You'll Learn
Who can be impeached?
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. The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. Federal judges are also subject to impeachment. Within the executive branch, 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.
The House of Representatives has the sole power of impeachment and can impeach an official with 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. The Senate has the sole power to try impeachments, and a two-thirds supermajority is required to convict a person being impeached.
Impeachment may also occur at the state, tribal, or local level of government if the relevant jurisdiction has provisions for it under its constitution. At the state level, impeachment has been used to remove governors, state supreme court justices, and other state officials.
While the Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment, expulsion can be effected through the simpler procedures of Article I, Section 5, which allows each House to expel its members without involving the other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee, and the Senate continued impeachment proceedings against him even after he had been expelled from office. However, the Senate ultimately dismissed the proceedings, determining that a senator is not a "civil officer of the United States".
The Constitution does not limit the number of times an individual may be impeached, nor does it address whether an officer can be tried after they have resigned or their term has ended. In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate held that it had jurisdiction to try Belknap, but he was ultimately acquitted after the trial. The permissibility of trying a former official was also a major issue in the second impeachment trial of Donald Trump, which commenced twenty days after his term in office expired. The Senate rejected a motion asserting that the trial was unconstitutional.
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What constitutes an impeachable offence?
The impeachment process is a fundamental component of the system of checks and balances. It involves charging and trying an official of the federal government for "treason, bribery, or other high crimes and misdemeanours". The process is remedial rather than penal and is intended to maintain constitutional government by removing individuals unfit for office.
The scope of "high crimes and misdemeanours" lacks a formal definition and has been fleshed out over time through the practice of impeachments. While treason and bribery have clear meanings, "high crimes and misdemeanours" is an undefined phrase. It refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes. These political offences include personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest in the discharge of the duties of political office.
Impeachment has been used to remove government officers who abuse the power of the 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, and in 1986, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms.
The impeachment process in the United States is outlined in the Constitution, which grants the House of Representatives the sole power of impeachment and assigns the Senate sole responsibility for trying impeachments. The sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office, but an impeachment proceeding does not preclude criminal liability.
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What is the process of impeachment?
The impeachment process is a fundamental component of the system of "checks and balances" in the United States Constitution. It involves bringing charges against a government official for wrongdoing, particularly "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 House of Representatives has the sole power to bring charges of impeachment by approving articles of impeachment through a simple majority vote. The president, vice president, and all civil officers of the United States are subject to impeachment. The House has initiated impeachment proceedings more than 60 times.
Once the articles of impeachment are adopted, they are sent to the Senate, which has the sole power 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. A committee of representatives, called "managers," acts as prosecutors before the Senate.
To convict an impeached official, the Senate requires a two-thirds majority vote. The penalty for conviction is removal from office, and possibly a bar from holding future office. However, impeachment does not preclude criminal liability, and further legal action may be pursued.
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Can a former official be tried?
The U.S. Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments". The Constitution does not limit the number of times an individual may be impeached, nor does it articulate who qualifies as a "civil officer of the United States".
The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for impeachment purposes. In 1797, the Senate continued impeachment proceedings against Senator William Blount of Tennessee 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 W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate held that it had jurisdiction to try Belknap despite his resignation, but ultimately acquitted him after the 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. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.
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What are the sanctions for an impeached individual?
The sanctions for an impeached individual in the United States are limited to removal from office and potentially a bar from holding future office. However, impeachment proceedings do not preclude criminal liability, and individuals who have already been convicted of crimes may be impeached for the same underlying behaviour at a later date.
The House of Representatives charges an official of the federal government by approving articles of impeachment with a simple majority vote. The House of Representatives has the sole power 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 Senate has the sole power to try impeachments, and a two-thirds majority is required to convict an official. The Senate can also vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding federal office in the future.
The President of the United States has the pardon power, but this does not extend to cases of impeachment. The Constitution does not limit the number of times an individual may be impeached.
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Frequently asked questions
The United States Constitution gives the House of Representatives the authority to impeach the President, Vice President, and all civil officers of the United States.
The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors. However, the Constitution does not define "high crimes and misdemeanors".
No, a private citizen cannot be impeached. Impeachment is a process that applies only to officeholders.
