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The United States Constitution grants 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 for treason, bribery, or other high crimes and misdemeanors. However, the Constitution does not define high crimes and misdemeanors, and the interpretation of this phrase has been debated and informed by historical impeachment proceedings. The impeachment process provides a mechanism for the removal of government officials who have abused their power and is a vital component of the system of checks and balances in the federal government.
| 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 required for conviction? | A two-thirds vote of the Senate |
| What are the sanctions for an impeached and convicted individual? | Removal from office and potentially a bar from holding future office |
| What are the grounds for impeachment? | Treason, bribery, or other high crimes and misdemeanors |
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What You'll Learn
Treason
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2), and the Senate has 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 and removal from office for "treason, bribery, or other high crimes and misdemeanors".
The impeachment process is a political process largely unchecked by the judiciary. It is a fundamental component of the system of "checks and balances" and serves as a tool for Congress to charge and try officials of the federal government. 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 is removal from office and, in some cases, disqualification from holding public offices in the future.
The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After sending 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.
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Bribery
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, Section 2). The Constitution limits the grounds for impeachment to "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" is less well-defined and has been the subject of much debate.
The impeachment process is a fundamental component of the system of "checks and balances" and is designed to hold government officials accountable for their actions. It is a political and legal process that can be used to address misconduct or abuse of power by public officials. While impeachment is primarily a political process, it can also have legal consequences, as impeached officials may face criminal indictment, trial, and punishment in addition to removal from office.
In the case of presidential impeachment, the chief justice of the United States presides over the trial, and a two-thirds vote of the Senate is required for conviction. The penalty for an impeached official who is convicted is removal from office, and they may also be disqualified from holding public office in the future. The impeachment process helps maintain the integrity of public office and ensures that officials uphold the public interest in the discharge of their duties.
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High crimes and misdemeanors
The United States Constitution provides that the House of Representatives has the sole power of impeachment. The Senate, on the other hand, has the sole power to try impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment.
The grounds for impeachment are "treason, bribery, or high crimes and misdemeanors". While treason and bribery have relatively clear meanings, the scope of "high crimes and misdemeanors" is vague and has been the subject of much debate. It is not defined in the Constitution or statute, and its interpretation has been left to the House of Representatives and the Senate.
The phrase "high crimes and misdemeanors" has been used since the impeachment of King's Chancellor Michael de la Pole, 1st Earl of Suffolk, in 1386. De la Pole was charged with breaking a promise to Parliament and failing to pay a ransom for Ghent, leading to its fall to the French. Since then, the scope of the charge has expanded to include negligence, abuse of power, and other political offenses. These offenses are considered to be political rather than strictly legal in nature, and are often related to personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest.
Some examples of "high crimes and misdemeanors" include:
- Misappropriating government funds
- Appointing unfit subordinates
- Failing to prosecute cases
- Promoting oneself ahead of more deserving candidates
- Threatening a grand jury
- Arresting a man to prevent him from running for Parliament
- Suppressing petitions to the King
- Failing to follow the advice of a committee
- Obstructing justice
- Cronyism
- Wasting public money
- Negligence in issuing rulings
- Appearing in court in a state of intoxication
- Abusing the power of office
- Conducting oneself in a manner incompatible with the purpose and function of the office
- Misusing the office for improper or personal gain
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Who can be impeached
The United States Constitution grants the House of Representatives "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 and removal from office.
The House of Representatives can impeach a party with a simple majority of the House members present, triggering a federal impeachment trial in the Senate. The Senate 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 from holding future federal office.
The grounds for impeachment are "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" is less well-defined and has been the subject of debate. It is informed by the history of congressional impeachments rather than judicial decisions.
Impeachment proceedings may be requested by a member of the House of Representatives, or by non-members such as a special prosecutor, the president, or state or territorial legislature. The impeachment process formally begins with a resolution adopted by the full House of Representatives.
It is important to note that Members of Congress are not considered civil officers subject to impeachment and removal.
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Impeachment procedure
The United States Constitution grants the House of Representatives "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 and removal from office.
Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of charges under oath or by asking for referral to the appropriate committee. The impeachment process may also be requested by non-members, such as the Judicial Conference of the United States, a special prosecutor, the president, or a state or territorial legislature, grand jury, or by petition. An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. Either as part of the impeachment resolution or separately, specific grounds and allegations for impeachment will be outlined in one or more articles of impeachment. The House debates the resolution and may, at the conclusion, consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate.
In the case of a president, the U.S. Supreme Court chief justice presides over the trial. 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, with just a simple-majority vote, vote to bar an individual convicted in a Senate impeachment trial from holding future federal office.
In the history of the United States, 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. Of those who were impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges.
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Frequently asked questions
The US Constitution limits the grounds for impeachment to "treason, bribery, or high crimes and misdemeanors".
Impeachment proceedings may be requested by a member of the House of Representatives. The House of Representatives then charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The matter is then sent to the Senate, which sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
The President, Vice President, and all civil officers of the United States are subject to impeachment.
The penalty for an impeached official upon conviction is removal from office. In some cases, the impeached official may also be disqualified from holding public office in the future.
