Malcolm Rivera
The phrase high crimes and misdemeanors appears in Article II, Section 4 of the U.S. Constitution, outlining grounds for impeachment and removal from office for the President, Vice President, and other civil officers. While the specific meaning of this phrase has been debated and evolved over time, it generally refers to serious offences or misconduct that violate the public trust. The interpretation of high crimes and misdemeanors has been influenced by historical impeachments, statutory construction, and the intentions of the Constitution's drafters. The process of impeachment and its application to different cases continue to shape the understanding of this constitutional phrase.
| Characteristics | Values |
|---|---|
| Purpose | To impeach and remove public officials who abuse their office |
| Usage | Refers to offenses such as misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, etc. |
| Interpretations | High misdemeanors are serious crimes |
| High misdemeanors refer to non-criminal conduct | |
| High crimes and misdemeanors refer to bad acts of the same gravity as bribery and treason | |
| High crimes and misdemeanors refer to political offenses | |
| High crimes and misdemeanors refer to breach of public trust and injuries done to society | |
| High crimes and misdemeanors is a term of art, like "levying war" and "due process" | |
| High crimes and misdemeanors is a vague term, open to interpretation | |
| High crimes and misdemeanors is a technical term | |
| High crimes and misdemeanors is not defined in the Constitution or statute | |
| High crimes and misdemeanors is informed by the history of congressional impeachments |
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What You'll Learn
The historical origins of impeachment
The impeachment process in the United States is a fundamental component of the system of "checks and balances". The Constitution gives the House of Representatives the power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The power of impeachment can both remove someone from office and disqualify them from holding future office.
In the United States, impeachment has been used at the state level, with at least eleven governors facing impeachment trials, and at the federal level, with two presidents, Clinton and Trump, facing impeachment proceedings. The impeachment process was also a topic of debate during the Constitutional Convention, where delegates discussed the venue and process for impeachment trials, what actions warranted impeachment, and the likelihood of conviction. The Framers addressed what actions and behaviour constituted grounds for impeachment, with treason and bribery considered the most pressing examples. The term “maladministration” was deemed too vague, and it was replaced with "other high crimes and misdemeanors", which was borrowed from British legal practice and denoted misconduct by public officials against the government.
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The ambiguity of high crimes and misdemeanors
The phrase "high crimes and misdemeanors" appears in the United States Constitution as one of the grounds for impeaching a president, but its precise meaning has long been a subject of debate and interpretation. The ambiguity surrounding this phrase stems from its historical origins and the intent of the Founding Fathers when drafting the Constitution.
The phrase can be traced back to English common law, where it referred to offenses that threatened the foundation of the government or the welfare of the state. These were considered more serious than regular crimes and were often punishable by death. When the Founding Fathers adopted this phrase into the Constitution, they intended to provide a mechanism for holding presidents accountable for abuses of power. However, they deliberately chose vague language to ensure flexibility and allow for a range of potential offenses to be included.
The ambiguity of "high crimes and misdemeanors" has been both a strength and a weakness of the impeachment process. On one hand, it allows for a broad interpretation of impeachable offenses, ensuring that presidents can be held accountable for a wide range of abuses. This flexibility is particularly important given the difficulty and rarity of impeachment proceedings. On the other hand, this vagueness has also led to disputes over the scope and applicability of impeachment, with different political factions often interpreting the phrase in ways that suit their own interests.
Interpreting what constitutes a "high crime and misdemeanor" is a challenging task, as it requires a judgment call on the severity and impact of the president's actions. Some scholars and legal experts argue that it should be limited to criminal acts, while others contend that it can include abuses of power that may not be explicitly illegal. For example, while bribery and treason are clearly defined crimes, actions such as obstructing justice or abusing the powers of the presidency may fall into a gray area, open to interpretation.
The ambiguity of "high crimes and misdemeanors" has been a recurring theme in American political history, with impeachment proceedings often hinging on differing interpretations of this phrase. As such, it remains a contentious and open-ended question, leaving room for debate and discussion among legal scholars, politicians, and the public. The interpretation of this phrase has significant implications for the accountability of the president and the checks and balances inherent in the US constitutional system.
Ultimately, the ambiguity of "high crimes and misdemeanors" reflects the delicate balance between providing accountability for presidential misconduct and preserving the stability of the executive branch. While a clear and precise definition may seem preferable, the vague nature of this phrase allows for a flexible and adaptable interpretation, ensuring that the impeachment process can address a wide range of potential abuses of power.
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Impeachment in the House of Representatives
The process of impeachment in the House of Representatives is a complex one, designed to balance against efforts to remove people from office for minor reasons that could easily be determined by the standard of "high crimes and misdemeanors". The House of Representatives has the sole power to bring charges against federal officers, including the President, and to initiate impeachment proceedings.
The concept of impeachment was used by the British Parliament as early as 1376, as a legislative safeguard against overreach by the aristocracy. The phrase "high crimes and misdemeanors" was used by the English Parliament since 1386 to describe one of the grounds to impeach officials of the crown. The term was offered up by George Mason as one of the criteria to remove public officials who abuse their office. The definition of "high crimes and misdemeanors" does not relate to specific offences, giving much freedom of interpretation to the House of Representatives. Benjamin Franklin asserted that the power of impeachment and removal was necessary when the Executive "rendered himself obnoxious".
In the case of impeachment, the House of Representatives votes on a resolution called "articles of impeachment", which are then sent to the Senate if a majority of the House approves the charges. The Senate then tries the official facing impeachment, with the Chief Justice of the United States presiding over the trial in the case of the President. The Senate must find the person guilty by a two-thirds voting margin, with removal from office and disqualification from holding future offices as potential punishments.
The House of Representatives has considered and voted in favour of impeachment for three Presidents: Andrew Johnson, Bill Clinton, and Donald Trump. Johnson was impeached on eleven articles of impeachment, with the primary charge being a violation of the Tenure of Office Act. Clinton was impeached in 1999, with White House Counsel Charles Ruff describing a "narrow" interpretation of "high crimes and misdemeanors". Trump was impeached twice, once in 2018 and once in 2020, with the latter instance being the first time a President had been impeached twice. The charges against Trump included accusations of abusing the power of his office and obstructing Congress's investigation into his relationship with Ukraine.
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Impeachment trials in the Senate
The United States Constitution grants the House of Representatives the "sole Power of Impeachment", with the Senate having the "sole Power to try all Impeachments". The process of impeaching someone in the House of Representatives and convicting them in the Senate is complex, designed to balance against efforts to remove people from office for minor reasons.
The impeachment process at the federal level typically consists of three steps. Firstly, the House investigates through an impeachment inquiry, although this is not a required stage. Secondly, the House must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation(s). Thirdly, the Senate tries the accused. The Senate must commence an impeachment trial within a day of receiving articles of impeachment from the House. The Senate can modify or supplement the rules at any point, but suspending, amending, or supplementing the standing Senate impeachment rules without unanimous consent requires a supermajority to overcome a filibuster.
The Senate does not have clear rules for what evidence is permitted at trial. Senators are functionally serving as both judges and jurors, so the evidentiary considerations differ from a criminal jury trial. The Senate rules provide for an open trial, but special consideration should be given to the handling of classified evidence and the public interest in full transparency.
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, bar an individual convicted in a Senate impeachment trial from holding future federal office. The Constitution does not limit the number of times an individual may be impeached.
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The role of the Supreme Court
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. It was created by the Constitutional Convention of 1787 as the head of the federal court system, but it was not formally established until the Judiciary Act of 1789. The Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and it has appellate jurisdiction over almost all other cases that involve a point of constitutional or federal law.
Article III, Section I of the Constitution establishes the federal judiciary and states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organize it and the number of justices. Over the years, the number of seats on the Court has varied from five to ten; since shortly after the Civil War, there have been nine justices.
The Supreme Court is the court of last resort for those seeking justice, and it plays an essential role in ensuring that each branch of the government recognizes its limits. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government by preventing the passage of laws that harm or take undue advantage of citizens. The Court has the final say over when a right is protected by the Constitution or when a Constitutional right has been violated.
The Supreme Court also has the power of judicial review, which allows it to act in cases arising under the Constitution, laws, or treaties of the United States. It has jurisdiction in controversies to which the United States is a party and in disputes between states or citizens of different states. The Court can also hear cases involving admiralty and maritime jurisdiction.
The justices of the Supreme Court are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term to protect the independence of the judiciary from political branches of government.
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Frequently asked questions
"High crimes and misdemeanors" is a term used in Article II, Section 4 of the U.S. Constitution, which outlines the process for impeaching the President, Vice President, and other civil officers. While the specific definition of this phrase is debated, it generally refers to serious crimes or misconduct that violate the public trust and warrant impeachment.
Throughout history, officials accused of "high crimes and misdemeanors" have been charged with a variety of offences, including misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying Parliament, and obstructing Congress.
The impeachment process involves the House of Representatives voting on articles of impeachment, followed by a trial in the Senate to determine guilt and decide on removal from office. The process is designed to be complex to prevent the removal of officials for minor reasons.
Yes, the interpretation has evolved over time and continues to be debated. The original intent of the phrase can be understood through historical context and the records of the Constitutional Convention. The meaning has also been shaped by congressional impeachments and judicial interpretations.
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