Simone Lawson
The United States Constitution outlines a system of checks and balances that gives the House of Representatives the sole Power of Impeachment and the Senate the sole Power to try all Impeachments. This means that the House of Representatives brings charges against an official, and the Senate holds an impeachment trial. The Senate is not required to accept impeachment charges, but it must carefully consider the arguments of the House managers and counsel for the respondent before deciding whether to proceed with a trial. A two-thirds majority of the Senators present is required to convict an accused person.
| Characteristics | Values |
|---|---|
| Who has the power to impeach? | House of Representatives |
| Who has the power to try impeachments? | Senate |
| Who presides over the trial? | Chief Justice of the Supreme Court |
| Who can be impeached? | President, Vice President, and all Civil Officers of the United States |
| What is required to impeach? | A simple majority vote in the House of Representatives |
| What is required to convict? | A two-thirds majority vote in the Senate |
| What are the consequences of conviction? | Removal from office, and possible disqualification from holding future office |
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What You'll Learn
The House of Representatives has the sole power of impeachment
The impeachment process is a fundamental component of the system of "checks and balances" in the United States government. It allows Congress to charge and try an official of the federal government for "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 a subject of debate.
The House of Representatives can impeach an official with a simple majority vote. This triggers a federal impeachment trial in the Senate, which is the sole court for impeachment trials. The Senate then 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, resulting in their removal from office. Additionally, the Senate can vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding future federal office.
The House of Representatives also has the authority to structure the rules of its own proceedings, including those related to impeachment. This allows the House to determine when impeachment proceedings are appropriate and to manage the prosecution during the trial.
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The Senate has the sole power to try impeachments
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, section 2). This means that the House of Representatives can bring charges against an officeholder for misconduct, with a penalty of removal. The House can impeach with a simple majority vote.
However, the Constitution also states that "the Senate shall have the sole Power to try all Impeachments" (Article I, section 3). This means that the Senate holds an impeachment trial, sitting as a jury, with the Chief Justice of the Supreme Court presiding. The Senate must consider the evidence, hear witnesses, and vote to acquit or convict the impeached official. A two-thirds majority of the Senators present is required to convict, and upon conviction, the official is automatically removed from office. The Senate can also vote with a simple majority to bar the individual from holding future federal office.
The impeachment process is a fundamental component of the system of "checks and balances" in the US Constitution. It allows Congress to hold the President, Vice President, and other federal civil officers accountable for "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" has long been debated and is not specified in the Constitution.
In summary, while the House of Representatives has the sole power to impeach, the Senate has the sole power to try impeachments and determine whether to convict and remove an official from office.
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A two-thirds majority is required to convict
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" (Article I, section 2). The Senate, on the other hand, has the "sole Power to try all Impeachments" (Article I, section 3). However, the Senate cannot convict without the concurrence of two-thirds of its members. This is known as a supermajority.
The House of Representatives can impeach a party with a simple majority of the members present. This triggers a federal impeachment trial in the Senate, which can then vote by a two-thirds majority to convict and remove an official from office. 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 Constitution requires a two-thirds supermajority to convict a person being impeached. Senators must take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The House members, who are given the collective title of "managers" during the trial, present the prosecution case, and the impeached official has the right to mount a defence with their own attorneys.
Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. If there is no single charge commanding a "guilty" vote from two-thirds of the senators present, the defendant is acquitted, and no punishment is imposed.
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Impeachment is not limited to presidents
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" and 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.
At the federal level, impeachment 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 inquiry, then must pass articles of impeachment by a simple majority of those present and voting. Upon passage, the defendant has been "impeached". The Senate then tries the accused, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official.
The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate can also, with just a simple-majority vote, bar an individual convicted in a senate impeachment trial from holding future federal office.
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Impeachment is a quasi-criminal proceeding
The US Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, section 2) and gives the Senate "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 can impeach an official with a simple majority vote, after which the official is subject to trial in the Senate. The Senate sits as a jury, and the Chief Justice of the Supreme Court presides over the trial. Senators must take an oath or affirmation to perform their duties honestly and with due diligence. The Senate usually deliberates in private and requires a two-thirds supermajority to convict and remove an impeached official from office.
The Senate can also bar an individual from holding future federal office with a simple majority vote. The removed official may still face criminal prosecution under a subsequent criminal proceeding, and the President may not pardon them in the impeachment case. However, the President may grant a pardon in any resulting federal criminal case.
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Frequently asked questions
Yes, the US Constitution gives the Senate the sole power to try all impeachments.
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 and the matter is then presented to the Senate for trial. The Senate sits as a jury while the Chief Justice of the Supreme Court presides over the trial.
A two-thirds majority of the Senators present must vote to convict on at least one of the articles of impeachment. If this threshold is not met, the defendant is acquitted and no punishment is imposed.
