Eleanor Finch
The question of whether a former president can face impeachment has been a topic of debate, with some arguing that they should not be subject to the same processes as current presidents. The Constitution gives Congress the authority to impeach and remove the President, with the House of Representatives having the sole power of impeachment and the Senate being responsible for trying impeachments. While the Constitution does not explicitly mention the impeachment of former officials, there have been instances where impeachment proceedings have continued even after the official has left office. In the case of William Blount, the Senate continued impeachment proceedings against him even after he had been expelled from office, although the trial was ultimately dismissed. The permissibility of trying a former official was also a major issue in the second impeachment trial of Donald Trump, which commenced after his term had ended. The Senate rejected a motion asserting that the trial was unconstitutional, indicating that impeachment proceedings can continue even after an official has left office.
| 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 conviction threshold? | Two-thirds of the Members present |
| What are the sanctions? | Removal from office, bar from holding future office, and financial penalties |
| Can impeachment occur after leaving office? | Possibly, but this is a matter of debate |
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What You'll Learn
- The US Constitution grants impeachment powers to Congress
- Impeachment proceedings can be initiated by the House of Representatives
- The Senate is responsible for trying impeachments
- Impeachment sanctions include removal from office and a bar from holding future office
- Impeachment proceedings do not preclude criminal liability
The US Constitution grants impeachment powers to Congress
The US Constitution grants Congress the power to impeach federal officials. Article I, Section 2, Clause 5 grants the House of Representatives the sole power of impeachment. The Senate has the sole power to try impeachments, according to Article I, Section 3, Clause 6. The sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. However, an impeachment proceeding does not preclude criminal liability.
The Constitution also defines which officials are subject to impeachment and what kinds of misconduct constitute impeachable behaviour. The President, Vice President, and all civil officers of the United States can be impeached for "treason, bribery, or other high crimes and misdemeanors". 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.
Congress has employed the impeachment tool against the President and federal judges, but all federal civil officers are subject to removal by impeachment. The House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator.
There is debate over whether a former official can be impeached after leaving office. The Constitution does not explicitly address this question, and there are arguments for and against the permissibility of such an impeachment. Some argue that a former president should not be subject to impeachment because they are no longer a civil officer. However, others counter that former officials may have committed impeachable offences while in office, and these offences should not go unaddressed. The Senate has concluded on various occasions that an official impeached while in office remains subject to trial, conviction, and imposition of penalties even after leaving office.
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Impeachment proceedings can be initiated by the House of Representatives
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, section 2). The House has initiated impeachment proceedings more than 60 times, leading to 21 impeachments, including three presidents.
The process of impeachment usually begins when a lawmaker introduces an impeachment resolution, or when the House passes a resolution authorizing an inquiry. The House Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have also been formed to investigate charges. The committee then chooses whether to pursue articles of impeachment against the accused official and report them to the full House.
The House of Representatives can impeach federal officials as part of its oversight and investigatory responsibilities. The House has the power to impeach and remove individuals from office, and to disqualify them from holding future office. The Constitution does not, however, allow private citizens to be impeached. This has been a key argument against allowing impeachment after an official has left office and returned to private life.
However, some have argued that impeachment should be possible even after an individual has left office. This is because misconduct may not be discovered until after they have left office, and they may escape accountability. The Constitution provides sanctions for impeachable offenses, and these sanctions can be applied even after an individual has left office.
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The Senate is responsible for trying impeachments
The US Constitution gives Congress the authority to impeach federal officials. The House of Representatives brings articles (charges) of impeachment against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate holds an impeachment trial. The Senate is responsible for trying impeachments, as per Article I, Section 3, Clause 6 of the Constitution.
In the case of a president, the US Supreme Court chief justice presides. 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 can, by a two-thirds majority vote, convict an official, removing them from office. The Senate can also, with just a simple majority vote, bar an individual convicted in a Senate impeachment trial from holding future federal office.
The Senate has also concluded (by majority vote) on various occasions that an official impeached while in office remains subject to trial, conviction, and imposition of the penalty of disqualification even after they leave office. For example, in 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial. In another instance, 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".
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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Impeachment sanctions include removal from office and a bar from holding future office
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 Senate can vote by a two-thirds majority to convict an official, resulting in their removal from office.
Article I, Section 3, Clause 7 of the Constitution provides that the sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. This bar can be implemented with a simple majority vote in the Senate. The purpose of these sanctions is to protect the republic from those who have abused public office and should never be entrusted with public power again.
While impeachment proceedings may be triggered against private citizens, the Constitution does not allow for their impeachment. This has been a point of contention, as some argue that former officials who have committed impeachable offenses in office should still be subject to impeachment after leaving office. The Senate has concluded on various occasions that an official impeached while in office remains subject to trial, conviction, and penalty even after leaving office.
The impeachment process is a fundamental component of the system of "checks and balances" and is designed to hold government officials accountable for violations of the law and abuses of power.
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Impeachment proceedings do not preclude criminal liability
The U.S. Constitution grants the House of Representatives the "sole Power of Impeachment" and assigns the Senate the "sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment.
The argument for impeaching former officials, such as the president, centers on accountability. It is argued that if an impeachment begins when an individual is in office, the process may continue after they resign or leave office. This is especially important if the misconduct is not discovered until late in their term or after they have left office.
The counterargument is that the Constitution does not make private citizens subject to impeachment, and impeaching a former president who has returned to private life would violate this principle. However, this argument has been criticized because former officials may have committed impeachable offenses while in office and should not be immune from accountability.
In conclusion, impeachment proceedings do not preclude criminal liability, and individuals may face criminal consequences for their actions even after being impeached and removed from office. The decision to continue impeachment proceedings after an official has left office is a political choice, and the unique processes outlined in the Constitution can still be applied to sanction abuse of office.
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Frequently asked questions
The Constitution does not explicitly address this question. However, the Senate has concluded that an official impeached while in office can be tried, convicted, and penalized even after leaving office.
Those in favour of impeaching a former president argue that the special penalties upon conviction in impeachment are designed to protect the republic from those who have abused public office. They argue that it would make no sense for former officials to escape remedial mechanisms.
Those against impeaching a former president argue that the Constitution does not make private citizens subject to impeachment. They argue that subjecting a president to impeachment after they have returned to private life would violate this basic constitutional principle.
No, but impeachment proceedings have been initiated against former presidents. For example, the House of Representatives impeached Senator William Blount and sent impeachment articles to the Senate after Blount was expelled from office. However, Blount's full trial was never held in the Senate.
