Eleanor Finch
The impeachment process in the United States is a mechanism to bring charges against government officials for wrongdoing. The House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. The process involves two constitutionally required stages: first, the House investigates and passes articles of impeachment by a simple majority vote, and second, the Senate tries the accused, requiring a two-thirds supermajority to convict. The impeachment process can result in removal from office and disqualification from holding future offices, but it does not preclude criminal liability or potential jail time, which are left to civil courts.
| Characteristics | Values |
|---|---|
| Number of impeachment stages | 2 |
| First stage | Impeachment by the House of Representatives |
| Second stage | Trial by the United States Senate |
| House investigation | Through an impeachment inquiry |
| House of Representatives majority vote | Simple majority of those present and voting |
| Articles of impeachment | Formal allegation(s) |
| Senate trial | Conducted by the Chief Justice of the Supreme Court |
| Senate vote | Two-thirds majority required for conviction |
| Impeachment limit | No limit to the number of times an individual may be impeached |
Explore related products
![Rules for the Government of the Impeachment Trial [and Other Trial Documents]](https://m.media-amazon.com/images/I/615ZFfrHdxL._AC_UY218_.jpg)
What You'll Learn
The House of Representatives has the sole power of impeachment
The United States Constitution grants the House of Representatives the sole power of impeachment. This is outlined in Article I, Section 2, Clause 5, which states that the House of Representatives "shall have the sole Power of Impeachment".
The House of Representatives has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator. The House has the power to indict and can remove someone from office through impeachment. Additionally, Congress can vote to disqualify an impeached individual from holding future office.
The impeachment process typically involves three steps. Firstly, the House conducts an impeachment inquiry, investigating and gathering evidence through the Judiciary Committee. Secondly, the House must pass articles of impeachment by a simple majority vote, which constitutes a formal allegation. Once this is passed, the defendant has been impeached. The third step is the trial, which is conducted by the Senate, with the Chief Justice presiding.
The House members, collectively referred to as managers during the trial, present the prosecution case, while the impeached official has the right to mount a defence with their attorneys. The Senate then deliberates in private before voting on whether to convict. A two-thirds supermajority is required for conviction and removal from office.
Planning a Visit to the National Constitution Center?
You may want to see also
The Senate has the sole power to try impeachments
The US Constitution grants the House of Representatives the sole power to impeach federal officials. The Senate, on the other hand, is designated as the sole court for impeachment trials. The Constitution outlines the basic framework for impeachment, including the "who's, why's, and how's". However, the specific procedural rules are determined by the internal guidelines of the House and the Senate.
Article I, Section 3, Clause 6 of the Constitution states that the Senate has the "sole Power to try all Impeachments". This means that the Senate is responsible for conducting the trial phase of the impeachment process. Senators are sworn in for the impeachment trial, taking an oath or affirmation to perform their duties honestly and diligently. The proceedings follow the format of a trial, with the House members acting as the prosecution and the impeached official mounting their defence with their attorneys. The Senate has the authority to call witnesses, and both sides have the right to cross-examine.
After hearing the charges, the Senate typically deliberates in private. A conviction in the Senate requires a supermajority consensus, with at least two-thirds of the members present concurring. This high threshold underscores the gravity of the impeachment process. It is worth noting that the Senate's role in impeachment proceedings is primarily determinative, as it is a political process largely independent of judicial intervention.
The Senate's exclusive authority to try impeachments is a crucial aspect of the system of checks and balances in the US government. It provides a mechanism to hold federal officials accountable for their actions while maintaining the separation of powers between the legislative and executive branches. The Senate's role in impeachment trials reinforces the integrity of the government and ensures that those in positions of power are subject to scrutiny and justice.
Constitution Framers: Average Age of Men Involved
You may want to see also
A two-thirds majority is required to convict
The United States Constitution outlines the requirements for an impeachment trial. The House of Representatives has the "sole power of impeachment" and the Senate has the "sole power to try all impeachments".
The Senate sits as a jury during an impeachment trial, with the Chief Justice of the Supreme Court presiding. The House of Representatives must first pass articles of impeachment with a simple majority vote. Once the official has been impeached, the Senate puts them on trial.
The impeachment process is not directly linked to criminal law, but criminal action may be a requirement. The Founding Fathers incorporated impeachment into the US government, modifying the process from its origins in English law.
Innocent Until Proven Guilty: A Constitutional Principle?
You may want to see also
Explore related products
Impeachment is not limited to presidents
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" and the Senate has the "sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment.
The process of impeachment for non-presidents is similar to that of presidents. The House of Representatives first investigates through an impeachment inquiry. Then, the House must pass, by a simple majority, articles of impeachment, which constitute the formal allegation(s). Once impeached, the officer is on trial. The Senate tries the accused, sitting as a jury while the Chief Justice of the Supreme Court presides over the trial. The Senate has the right to call witnesses, and each side has the right to perform cross-examinations. The House members, 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. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. If convicted, the penalty for an impeached official is removal from office. The Senate may also disqualify such officials from holding public offices in the future.
The impeachment process is not limited to federal officials. State legislatures can impeach governors and other state officials, and many local governments also have impeachment procedures.
The Federal Reserve: A Monetary Policy Powerhouse
You may want to see also
Impeachment does not preclude criminal liability
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" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
Impeachment is separate and distinct from a criminal proceeding. An impeachment proceeding does not preclude criminal liability. Those who have been impeached and removed from office are still subject to criminal prosecution for the same underlying actions. In other words, impeachment is not a substitute for criminal prosecution. Individuals who have already been convicted of crimes may be impeached for the same underlying behaviour later. In fact, a number of federal judges have been indicted and convicted for conduct that has formed the basis for a subsequent impeachment proceeding.
The impeachment process is not tightly linked to criminal law. The test is not satisfied by all crimes, and the standard remains undefined. The language suggests that criminal action may be required, but this is not always the case. For example, in the case of Andrew Johnson, the House accused the President, among other things, of speaking disrespectfully of Congress "in a loud voice."
It is important to note that the sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. The president may not grant a pardon in the case of impeachment, but may in any resulting federal criminal case (unless it is the president who is convicted and thus loses the pardon power).
The Constitution's Shameful Slave References
You may want to see also
Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing. The official can be impeached for treason, bribery, corruption, or other high crimes and misdemeanors.
The President, Vice President, and all civil officers of the United States are subject to impeachment.
First, 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 trial moves to the Senate. The Senate holds an impeachment trial, sitting as a jury while the Chief Justice of the Supreme Court presides. At the conclusion of the trial, the Senate votes on whether to remove the official from office. A two-thirds vote by the members present in the Senate is required for removal.
