Impeachment: A Constitutional Process

is the impeachment process built into our constitution

The impeachment process is a mechanism built into the US Constitution that allows for the removal of the President, Vice President, and other federal civil officers found to have engaged in treason, bribery, or other high crimes and misdemeanors. The process is a complex one, involving two legislative bodies, and it acts as a check on abuses of power or serious misconduct by judicial and executive officers. The Constitution grants the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The practice of impeachment originated in England and was later used by many American colonial and state governments.

Characteristics Values
Impeachment process origin The impeachment process originated in England and was later used by many American colonial and state governments.
Impeachment process in the US Constitution The US 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".
Impeachment process as a check and balance The impeachment process is a fundamental component of the system of checks and balances, allowing Congress to charge and try federal officials for "treason, bribery, or other high crimes and misdemeanors."
Impeachment process as a deterrent The complex and cumbersome nature of the impeachment process may act as a deterrent to unwarranted legislative intrusions into the business and personnel of the other two branches of government.
Impeachment process as a remedy The impeachment process is remedial rather than punitive in nature, with the remedy limited to removal from office.
Impeachment process initiation The impeachment process is typically initiated by the House of Representatives, which brings articles of impeachment against an official.
Impeachment process conviction Conviction in the impeachment process requires a two-thirds supermajority vote in the Senate.
Impeachment process penalties The penalties for an impeached official include removal from office and, optionally, disqualification from holding future office.
Impeachment process frequency The House of Representatives has initiated impeachment proceedings over 60 times, but there have only been 21 impeachments, including three presidents.
Impeachment process limitations The Constitution does not limit the number of times an individual may be impeached.

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Who can be impeached?

The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" and the Senate has the "sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment.

At the federal level, the impeachment process is typically a three-step procedure. The first phase is an impeachment inquiry, which is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. The House investigates through an impeachment inquiry and must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". The Senate then tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings.

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. Impeachment is also a practice of other government bodies, such as tribal governments.

The type of behaviour that qualifies as impeachable conduct is determined by competing political interests, changing institutional relationships among the three branches of government, and legislators' interactions with and accountability to the public.

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Who can impeach?

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 federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. 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 can also, with just a simple-majority vote, bar an individual convicted in a senate impeachment trial from holding future federal office.

Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor.

At the state level, most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. A number of organized United States territories do as well. Additionally, impeachment is a practice of other government bodies, such as tribal governments.

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Who tries impeachments?

The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2). The 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, resulting in their removal from office. The Senate can also vote with just a simple-majority to bar an individual from holding future federal office.

The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles 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. A committee of representatives, called ""managers", act as prosecutors before the Senate.

In the case of presidential impeachment trials, the chief justice of the United States presides. For the impeachment of any other official, the Constitution does not specify who should preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States.

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What is the process?

The impeachment process is built into the US Constitution. Article I, Section 2, Clause 5 of the Constitution grants the House of Representatives the "sole Power of Impeachment". This means that the House can impeach a party with a simple majority of members present, triggering a federal impeachment trial in the Senate.

The impeachment process is typically a three-step procedure. First, the House investigates through an impeachment inquiry, although this is not a required stage. Second, the House must pass, by a simple majority, articles of impeachment, which constitute the formal allegation(s). At this point, the defendant has been "impeached". Third, the Senate tries the accused. In the case of presidential impeachment trials, the Chief Justice of the United States presides over the proceedings.

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 can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also vote with just a simple majority to bar an individual from holding federal office in the future.

The Constitution does not limit the number of times an individual may be impeached. As of 2025, Donald Trump is the only federal officer to have been impeached more than once.

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What is impeachment for?

The impeachment process is a mechanism built into the US Constitution that allows for the removal of federal officials from office. The process is managed by the legislative branch of the US government, with the House of Representatives having the sole power to impeach an official, and the Senate being the sole court for impeachment trials. The president of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office.

The impeachment process can be seen as a way to keep the executive in check, ensuring that federal officials are fit to continue in office. It acts as a check on abuses of power or instances of serious misconduct by officers of the Judicial and Executive Branches. The process is deliberately cumbersome, requiring significant legislative time and resources, which may act as a deterrent to unwarranted legislative intrusions into the business and personnel of the other two branches.

The US Constitution does not limit the number of times an individual may be impeached. At the federal level, the impeachment process typically involves three steps: an impeachment inquiry, impeachment by the House of Representatives, and a trial by the United States Senate. The House investigates through an inquiry and must pass articles of impeachment—the formal allegation(s)—by a simple majority vote. Upon passage, the defendant has been "impeached". The Senate then tries the accused, with the chief justice presiding over the proceedings in the case of a presidential impeachment trial.

A two-thirds majority vote by the Senate is required to convict an official, resulting in their removal from office. The Senate can also vote with a simple majority to bar an individual from holding federal office in the future. However, impeachment proceedings do not preclude criminal liability, and an official may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.

Frequently asked questions

Impeachment is the process of bringing charges against a government official for wrongdoing.

The president, vice president, and all civil officers of the United States are subject to impeachment.

An official can be impeached for treason, bribery, and "other high crimes and misdemeanors". The definition of "high crimes and misdemeanors" is not specified in the Constitution and has been the subject of debate.

After impeachment by the House, the Senate holds an impeachment trial. If found guilty, the official is removed from office and may be barred from holding elected office again.

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