Eleanor Finch
The impeachment process is a fundamental component of the United States Constitution, allowing Congress to charge and try an official of the federal government for treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power of initiating impeachment proceedings, while the Senate is responsible for trying impeachments. The process involves three steps: an investigation by the House, a vote to pass articles of impeachment, and a trial and vote in the Senate to convict the official. While the Constitution provides the framework for impeachment, the procedural intricacies are determined by the internal rules of the House and Senate.
| Characteristics | Values |
|---|---|
| Who can be impeached? | President, Vice President, or other civil officers |
| Who can impeach? | The House of Representatives |
| Who tries impeachments? | The Senate |
| Who presides over the trial? | Chief Justice of the United States |
| What is required for conviction? | Two-thirds vote of the Senate |
| What are the penalties for an impeached official? | Removal from office, disqualification from holding future public offices |
| What are impeachable offenses? | Treason, Bribery, or other high Crimes and Misdemeanors |
| Is there an appeal? | No |
| Can a person be impeached more than once? | Yes |
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What You'll Learn
Who can be impeached?
The United States Constitution provides for the impeachment of unsuitable or untrustworthy civil officers. The President, Vice President, and all civil officers of the United States are subject to impeachment. This includes federal judges, but does not include House Representatives or Senators.
The House of Representatives has the sole power of initiating impeachment proceedings. The House, through the Judiciary Committee, conducts an investigation and gathers evidence. The Judiciary Committee then 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 in the form of a resolution. The House then votes on the resolution, requiring a simple majority to pass the resolution and move forward with the impeachment process.
Once impeached, the officer is put on trial in the Senate, which has the sole power to try impeachments. The trial of the impeached officer is held in the Senate, with the Chief Justice presiding. 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 convict with a two-thirds majority vote, which results in the removal of the official 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 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, which generally utilize a similar bifurcated process to the federal government, having an impeachment vote followed by an impeachment trial.
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Who can impeach?
The United States Constitution grants the House of Representatives "sole Power of Impeachment" (Article I, Section 2) and the Senate "sole Power to try all Impeachments" (Article I, Section 3). This means that the House of Representatives has the power to indict, while the Senate acts as a High Court of Impeachment, trying the accused.
The House of Representatives can impeach with a simple majority of members present, triggering a federal impeachment trial in the Senate. The House, through the Judiciary Committee, conducts investigations and gathers evidence. Once enough evidence has been assembled, it is crafted into individual indictments or charges known as Articles of Impeachment, which require a majority vote to pass to the Senate.
The Senate then tries the accused, with the Chief Justice presiding over the trial if the accused is the President. The Senate requires a two-thirds majority to convict and remove the impeached official from office. The Senate can also, with a simple majority vote, bar an individual from holding federal office in the future.
Impeachment may also occur at the state level, with most state legislatures able to impeach state officials, including governors, according to their respective state constitutions. Additionally, impeachment is practised by other government bodies, such as tribal governments and some organised US territories.
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What are the steps of the impeachment process?
The impeachment process is written into the US Constitution, which grants the House of Representatives "sole Power of Impeachment" and the Senate "sole Power to try all impeachments".
The impeachment process is typically a three-step procedure, though the first phase is not a required stage. The first step is an impeachment inquiry, where the House investigates. The second step is for the House of Representatives to pass, by a simple majority vote, articles of impeachment, which constitute the formal allegation or allegations. Once the articles of impeachment are passed, the defendant has been "impeached". Thirdly, the Senate tries the accused, considering evidence, hearing witnesses, and voting 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. 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. The Senate may also disqualify such officials from holding public office in the future. There is no appeal.
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What are impeachable offences?
The impeachment process is indeed written into the US Constitution. Article I, Section 2, Clause 5 grants the House of Representatives the "sole Power of Impeachment", while Article I, Section 3, Clause 6 assigns the Senate the "sole Power to try all impeachments".
Now, what are considered impeachable offences? The US Constitution states that the grounds for impeachment are "treason, bribery, or other high crimes and misdemeanours". The definition of "high crimes and misdemeanours" is not specified in the Constitution and has been the subject of much debate. However, impeachment has been used to address government officers who abuse their power, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
The nature and scope of impeachment powers have evolved over time, influenced by shifting institutional relationships between the three branches of the government, changing balances of power between political parties and interest groups, and the level of accountability demanded by the people from Congress and the Executive Branch.
In the case of presidential impeachment trials, the chief justice of the United States presides. A two-thirds vote of the Senate is required to convict, and the penalty for an impeached official is removal from office, and sometimes disqualification from holding public office in the future.
It is important to note that impeachment is primarily a political process, and the historical practice of impeachment proceedings, rather than judicial decisions, informs the understanding of the Constitution in this area.
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What are the consequences of impeachment?
The consequences of impeachment are laid out in the US Constitution, which states that impeachment is a check on federal officials who commit "treason, bribery, or other high crimes and misdemeanours". The House of Representatives has the sole power of impeachment and the Senate has the sole power to try impeachments.
The immediate consequence of a successful impeachment is removal from office. The impeached official may also be barred from holding public office in the future, although this requires a separate majority vote. Importantly, impeachment does not preclude criminal liability, and the official can still be prosecuted for the same underlying conduct.
The process of impeachment is a political one, and the Constitution only provides a basic framework. The procedural intricacies are left to the internal rules of the House and Senate. The power to impeach is a check on the abuse of power by government officials, and it is separate from criminal law. The test for impeachment is not satisfied by all crimes, and it is up to Congress to determine the procedures and judgments.
In the case of President Trump's second impeachment, there were questions surrounding the grounds for preventing him from holding future office and revoking his benefits. The Constitution does not provide clear answers in such situations, and the matter of future disqualification is still debated.
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Frequently asked questions
Impeachment is the process of bringing charges against a sitting member of the government, including the President, Vice President, and other federal "civil officers". Impeachable offenses for public officials are outlined in the US Constitution as "treason, bribery, or other high crimes and misdemeanors".
The impeachment process involves three steps: an investigation in the House of Representatives committees, a vote of the House to pass articles of impeachment, and a trial and vote in the Senate to convict the official. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments.
If a simple majority is reached in the House, they will report their findings to the Senate. The Senate will then issue a "writ of summons" to the official being impeached, calling them to answer to the articles. The accused official may appear in person or through an attorney on a set date in front of the Senate. The Senate will then set a date for the trial, which will be presided over by the Chief Justice of the United States if the impeachment is of a President. A two-thirds majority vote of the Senate is required to convict and remove an official from office. The Senate may also vote with a simple majority to bar an individual from holding future federal office.
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