Eleanor Finch
The phrase high crimes and misdemeanors appears in Article II, Section 4 of the US Constitution, which outlines the impeachment process for the President, Vice President, and other civil officers. While the Constitution does not define the phrase, it is generally understood to refer to serious offenses or abuses of power that warrant removal from office. The interpretation of high crimes and misdemeanors has been a subject of debate, with some arguing that it should be interpreted in the context of other specified offenses such as treason and bribery, while others emphasize the importance of historical precedents and the intent of the Constitution's drafters. The ambiguity of the phrase provides flexibility in addressing a range of political offenses that may not be easily defined or classified.
| Characteristics | Values |
|---|---|
| Part of the US Constitution | Article II, Section 4 |
| Power | House of Representatives holds the power to impeach |
| Impeachable offences | Treason, Bribery, or other high crimes and misdemeanors |
| Definition | Not defined in the Constitution or statute |
| Historical precedent | Used by English Parliament since 1386 |
| Examples | Misappropriating government funds, appointing unfit subordinates, threatening a grand jury, etc. |
| Interpretation | "Serious abuse of power" |
| Notable impeachments | Andrew Johnson, Richard Nixon, Bill Clinton, Donald Trump, Alejandro Mayorkas |
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What You'll Learn
'High crimes and misdemeanors' is not defined in the US Constitution
The US Constitution does not define "high crimes and misdemeanors", leaving room for interpretation. The phrase appears in Article II, Section 4 of the Constitution, which outlines the impeachment process for the President, Vice President, and civil officers. The lack of a clear definition has sparked debates and interpretations, with some arguing that it refers to a serious abuse of power rather than a specific crime.
The historical context of impeachment proceedings informs the understanding of "high crimes and misdemeanors". The term was first used in 1386 by the English Parliament as grounds for impeaching officials of the crown. Benjamin Franklin, a prominent founder, advocated for impeachment powers to hold the executive branch accountable. The Constitution's drafters, many of whom were lawyers, would have been familiar with statutory construction principles, influencing their interpretation of the phrase.
The ambiguity of "high crimes and misdemeanors" has been a subject of discussion among scholars and legal experts. While treason and bribery are specifically mentioned in the Constitution, the undefined offenses of "high crimes and misdemeanors" remain open to interpretation. George Mason, who proposed the term, argued that it was necessary to address offenses that subvert the Constitution, while James Madison objected to its vagueness.
The House of Representatives holds the power to impeach officials for "high crimes and misdemeanors", and the interpretation of this phrase has played a role in several notable impeachment cases. For example, President Richard Nixon faced impeachment charges for using his power to cover up a burglary, and President Trump's impeachment raised questions about his conduct with the President of Ukraine.
In conclusion, while "high crimes and misdemeanors" is not defined in the US Constitution, its interpretation is informed by historical context and the intent of the drafters. The ambiguity of the phrase has led to ongoing debates and interpretations, highlighting the complexity of the impeachment process in the United States.
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The phrase appears in Article II, Section 4 of the US Constitution
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the US Constitution, which outlines the grounds for impeaching the President, Vice President, and other civil officers of the United States. It states that these officials shall be removed from office on impeachment for, and conviction of, "treason, bribery, or other high crimes and misdemeanors".
The interpretation of "high crimes and misdemeanors" has been a subject of debate, as the Constitution does not provide a concrete definition. It is generally understood to refer to serious abuses of power or misconduct that warrant removal from office. The House of Representatives has the sole power of impeachment, while the Senate is responsible for trying impeachments. The process of impeachment and conviction is deliberately complex to prevent the removal of officials for minor reasons.
The history of congressional impeachments informs the understanding of "high crimes and misdemeanors". For example, President Richard Nixon faced impeachment charges for using his law enforcement power to cover up a burglary of his political opponent. He was charged with obstruction of justice, abuse of power, and contempt of Congress, which were considered "high crimes and misdemeanors". Similarly, President Andrew Johnson was impeached on eleven articles of impeachment, including violation of the Tenure of Office Act, which was interpreted as a "high crime and misdemeanor".
The interpretation of "high crimes and misdemeanors" is not limited to specific offenses but is rather a flexible concept that can be applied to various forms of misconduct or abuse of power. The impeachment process serves as a check against abuses by government officials and ensures accountability for violations of the law.
The phrase "high crimes and misdemeanors" has been a part of the English legal system since 1386, when the English Parliament used it to describe one of the grounds for impeaching officials of the crown. The adoption of impeachment provisions in the US Constitution was influenced by English practice and the experiences of the colonies in their state constitutions.
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The House of Representatives has the power to impeach
The power to impeach is a fundamental component of the system of "checks and balances" in the US Constitution. The House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. The House may bring impeachment charges against federal officials as part of its oversight and investigatory responsibilities.
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the US Constitution, which states that the "President, Vice President, and all civil officers of the United States" can be impeached for "treason, bribery, or other high crimes and misdemeanors." While the Constitution does not define "high crimes and misdemeanors", it is a technical term borrowed from British legal practice, denoting misconduct by public officials against the government.
The process of impeachment in the House of Representatives and conviction in the Senate is complex, designed to balance against removing officials from office for minor reasons. The House of Representatives charges an official by approving articles of impeachment by a simple majority vote, and then sends these articles 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.
The House has initiated impeachment proceedings more than 60 times, with roughly a third resulting in full impeachments. Notable examples include President Andrew Johnson, who was impeached by the House on eleven articles of impeachment detailing his "high crimes and misdemeanors," and President Richard Nixon, who faced impeachment charges of "high crimes and misdemeanors" for using his law enforcement power to cover up a burglary of his political opponent's headquarters.
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The Senate has the power to convict
The United States 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". The president, vice president, and all civil officers of the United States are subject to impeachment. The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. 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 process of impeachment was adopted from England, where it was used to curb kings and punish placemen. The phrase "high crimes and misdemeanors" has been used since 1386, when the English Parliament used it to describe one of the grounds to impeach officials of the crown. The definition of "high crimes and misdemeanors" was not specified in the US Constitution and has long been the subject of debate. The meaning of the phrase is informed by the history of congressional impeachments, and it is generally agreed that it does not have to be a crime, but rather a serious abuse of power.
The impeachment process in the United States is a fundamental component of the system of "checks and balances". The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The Senate then tries the accused, hearing the charges and deliberating in private. Senators must take an oath or affirmation that they will perform their duties honestly and with due diligence. The Senate has the right to call witnesses, and each side has the right to perform cross-examinations.
Upon conviction in the Senate, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office. This additional vote requires only a simple majority. Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office.
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Historical precedents inform the understanding of the phrase
The phrase "high crimes and misdemeanors" originates from English common law and has been adopted in the United States Constitution to define grounds for the impeachment of public officials, including the President. The understanding of this phrase has been informed by historical precedents and practices that provide context and shape its interpretation.
One key historical precedent is the impeachment of Lord Danby, the Earl of Aylesbury, in 1678. This was the first impeachment trial in the House of Lords, and it set a precedent for interpreting "high crimes and misdemeanors." During this trial, Lord Danby was accused of a range of offenses, including corruption and abusing his power. The trial established that "high crimes and misdemeanors" could include offenses that fell short of criminal acts, but still constituted an abuse of power or a violation of the public trust. This precedent expanded the interpretation of the phrase beyond common law crimes, setting a standard for future impeachment proceedings.
Another important historical context is the impeachment of President Andrew Johnson in 1868. This was the first impeachment of a President in US history, and it significantly influenced the understanding of "high crimes and misdemeanors." Johnson was accused of violating the Tenure of Office Act by removing Secretary of War Edwin M. Stanton from office without the consent of the Senate. While Johnson's actions may not have constituted criminal acts in a legal sense, they were interpreted as a threat to the system of checks and balances and an abuse of presidential power. This impeachment trial demonstrated that "high crimes and misdemeanors" could encompass a broad range of offenses, including those that undermine the constitutional order.
The impeachment of President Richard Nixon also provides valuable context for understanding the phrase. While Nixon was not ultimately impeached, the House Judiciary Committee approved articles of impeachment against him in 1974, including charges of obstruction of justice, abuse of power, and refusal to comply with congressional subpoenas. These articles of impeachment reflected a broad interpretation of "high crimes and misdemeanors," suggesting that presidential misconduct that undermines the rule of law and the functioning of the government could constitute grounds for impeachment.
Additionally, the impeachment of President Bill Clinton in 1998 further informed the understanding of "high crimes and misdemeanors." Clinton was impeached by the House of Representatives for perjury and obstruction of justice, relating to his testimony about his relationship with White House intern Monica Lewinsky. This impeachment demonstrated that personal misconduct, even if unrelated to official duties, could still constitute an abuse of power and a violation of the public trust, thus falling within the scope of "high crimes and misdemeanors."
These historical precedents and practices have shaped the understanding of "high crimes and misdemeanors" in the US Constitution. They indicate that impeachment is not limited to criminal acts, but can also encompass a broader range of offenses, including abuses of power, violations of the public trust, and conduct that undermines the constitutional order. These precedents provide a framework for interpreting the phrase and guide decision-making in impeachment proceedings.
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Frequently asked questions
The US Constitution states that the House of Representatives holds the power to impeach and charge with improper conduct a President, Vice President, federal judge, or any other civil officer of the United States with "treason, bribery, or other high crimes and misdemeanors".
The legal definition of "high crimes and misdemeanors" is not specified in the US Constitution or in statute. It generally means a serious offence or a serious abuse of power.
Yes, in 1974, President Richard Nixon faced impeachment charges of "high crimes and misdemeanors" after using his law enforcement power to cover up a burglary of his political opponent's headquarters.
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