Omar Bennett
The United States Constitution outlines that the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. Impeachable offenses are not clearly defined in the Constitution, but they include treason, bribery, or other high crimes and misdemeanors. The interpretation of high crimes and misdemeanors is informed by the history of congressional impeachments rather than judicial decisions. The impeachment process is a political one, intended to maintain constitutional government by removing individuals unfit for office.
| Characteristics | Values |
|---|---|
| Impeachable Offenses | Treason, Bribery, or other High Crimes and Misdemeanors |
| Who can be impeached? | The President, Vice President, and all civil officers of the United States |
| Who has the power of impeachment? | The House of Representatives |
| Who tries impeachments? | The Senate |
| What is required to convict? | A two-thirds vote of the Senate |
| Penalty for conviction | Removal from office, possible disqualification from holding public office in the future |
| Is an actual criminal offense a prerequisite for impeachment? | No, the framers of the Constitution are clear on this point |
| What do "High Crimes and Misdemeanors" refer to? | Offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes |
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What You'll Learn
Treason, bribery, and other high crimes
The United States Constitution provides that the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office upon conviction of "treason, bribery, or other high crimes and misdemeanors".
Treason is defined in the Constitution as levying war against the United States or giving aid and comfort to their enemies. Bribery, while not defined in the Constitution, had a clear common-law meaning and is now well-covered by statute. "High crimes and misdemeanors" is an undefined phrase in the Constitution, which has been the subject of much debate. It first appeared in the impeachment of the Earl of Suffolk in 1388 and has been interpreted to include conduct not constituting indictable offenses.
The interpretation of "high crimes and misdemeanors" has been informed by the history of congressional impeachments, with many offenses not easily definable by law, and of a purely political character, deemed worthy of impeachment. These include the impeachment of President Andrew Johnson for violating the Tenure of Office Act, and Judge Harry E. Claiborne for providing false information on federal income tax forms.
The impeachment process is fundamentally a political one, largely unreviewable by the Judicial Branch. It serves as a check on the executive branch and is used to remove government officers who abuse the power of their office, conduct themselves inappropriately, or misuse their office for personal gain.
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Impeachment as a political process
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2). The president, vice president, and all civil officers of the United States are subject to impeachment and removal from office. The Constitution outlines the grounds for impeachment as “treason, bribery, or other high crimes and misdemeanors".
Impeachment is a political process that is largely unreviewable by the Judicial Branch. The understanding of the Constitution's meaning in this area is informed by historical impeachment proceedings rather than judicial decisions. The phrase "high crimes and misdemeanors" is not defined in the Constitution or in statute law, and its interpretation has long been debated. It refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes.
The process of impeachment involves both political and legal elements. It is a remedial rather than penal process, intended to maintain constitutional government by removing individuals unfit for office. It is not meant to be punitive, but rather to address serious offences against the system of government. The House of Representatives charges an official of the federal government by approving articles of impeachment, which are 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 validity of an impeachment trial is a political question that is nonjusticiable, meaning it is not reviewable by the courts. The historical practice of impeachment, rather than judicial decisions, informs the understanding of the Constitution in this area. The scope of the power of impeachment has been the subject of continuing debate, with some arguing that it should be limited to criminal behaviour. However, others, including the framers of the Constitution, maintain that an actual criminal offence is not a prerequisite for impeachment.
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Impeachment of the President
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and 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 and removal from office. The Constitution does not define what constitutes an impeachable offence, but it does provide some examples, such as "treason, bribery, or other high crimes and misdemeanors".
The phrase "high crimes and misdemeanors" is not defined in the Constitution or in statute law, and its meaning is informed by the history of congressional impeachments. It refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes. The inclusion of "other" before "high crimes and misdemeanors" indicates that these types of offences are of a similar seriousness to treason and bribery.
The impeachment process is a political process that is largely unreviewable by the Judicial Branch. It is a remedial rather than penal process, intended to maintain constitutional government by removing individuals unfit for office. The purpose of impeachment is not punishment, but to address serious offences against the system of government. An actual criminal offence is not a prerequisite for impeachment.
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. In some cases, the Senate has also disqualified such officials from holding public offices in the future.
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Historical context of impeachment
The historical context of impeachment in the United States Constitution can be traced back to 14th-century England, where the fledgling Parliament sought to hold the king's ministers accountable for their public actions. This process evolved over time, falling into disuse in the mid-15th century but being revived in the early 17th century to address the excesses of English kings. The impeachment trial of British official Warren Hastings in the late 18th century was closely followed in America and served as a real-world example of the process.
In Revolutionary-era America, individual states provided for impeachment in cases of "maladministration" or "corruption" before the ratification of the U.S. Constitution in 1788. The Founders considered impeachment so important that they included it in Article I of the Constitution, even before defining the presidency in Article II. They debated various aspects of impeachment, including venue, process, grounds for impeachment, and the likelihood of conviction.
The Framers of the Constitution ultimately decided to follow the British model, where the House of Commons brings charges and the House of Lords considers them at trial. In the U.S. context, this meant that the House of Representatives would manage the prosecution during presidential impeachment trials, while the Chief Justice would preside over the Senate during the trial.
The Constitution limits the grounds for impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors," but it does not define "high crimes and misdemeanors." This has long been a subject of debate. Impeachment is considered a remedial process intended to maintain constitutional government by removing individuals unfit for office, rather than a punitive measure. It is a fundamental component of the system of checks and balances, ensuring accountability for public officials.
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Impeachment as a remedial process
Impeachment is a process by which a legislative body or legally constituted tribunal initiates charges against a public official for misconduct. In the United States, impeachment is a remedial process rather than a penal one. It is intended to "effectively 'maintain constitutional government' by removing individuals unfit for office".
The impeachment process in the US 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 impeachment inquiry and must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". The Senate then tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. 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 US Constitution provides that the House of Representatives "shall have 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. The practice of impeachment originated in England and was later used by many of the American colonial and state governments. The basic framework for impeachment was inherited from English practice by the colonies in their adoption of state constitutions. The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution.
The phrase "high crimes and misdemeanors" in the context of impeachments has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388. The definition of "high crimes and misdemeanors" was not specified in the Constitution and has long been the subject of debate. It refers to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offenses. "High crimes and misdemeanors" was chosen over "maladministration" because the former was considered too vague a term.
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Frequently asked questions
The US Constitution states that impeachment is limited to those who may have committed "treason, bribery, or other high crimes and misdemeanors". "High crimes and misdemeanors" refer to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offenses.
The President, Vice President, and all civil Officers of the United States can be impeached.
The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments.
An impeached individual is removed from office and potentially barred from holding future office. However, impeachment does not preclude criminal liability, and an impeached individual remains subject to trial, conviction, and imposition of penalties even after leaving office.
