Isabella Carter
The United States Constitution outlines impeachable offenses as treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood, high crimes and misdemeanors is not defined in the Constitution, leaving its interpretation open to debate. Impeachment is a political process driven by congressional powers, serving as a check against the executive branch. The House of Representatives charges and tries officials, and a two-thirds Senate majority is required for conviction, resulting in removal from office and potential disqualification from holding future offices. The nature of impeachment is remedial, addressing a broad variety of serious conduct by officials that is incompatible with their duties.
| 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 can impeach? | The House of Representatives |
| Who tries impeachment? | The Senate |
| Conviction requirement | Two-thirds majority of the Senate |
| Penalty | Removal from office, disqualification from holding public office in the future, and possible criminal or civil trial |
| Nature of proceedings | Remedial, not punitive |
| Historical context | Inherited from English practice, dating back to the impeachment of the Earl of Suffolk in 1388 |
| Interpretation | Informed by history of congressional impeachments, not judicial decisions |
| Definition of "high crimes and misdemeanors" | Not specified in the Constitution, subject to debate and interpretation |
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What You'll Learn
High crimes and misdemeanors
The phrase "high crimes and misdemeanors" in the context of impeachments has a long history, dating back to its first use in the impeachment of Michael de la Pole, 1st Earl of Suffolk, in 1386. The phrase has an ancient English origin and was used to describe one of the grounds to impeach officials of the crown.
The meaning of "high crimes and misdemeanors" is not explicitly defined in the US Constitution or statute. Instead, its interpretation is informed by the history of congressional impeachments. This includes various offences, some purely political, that are not easily definable by law but are deemed worthy of impeachment.
"High crimes and misdemeanors" covers allegations of misconduct by officials, including ordinary crimes. However, there may be different standards of proof and punishment compared to non-officials due to the higher expectations of officials by their oaths of office. Over time, the scope of the charge has expanded to include negligence, abuse of power or trust, and misuse of office for personal gain.
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
- Disobeying an order from Parliament
- Arresting an individual to prevent them from running for Parliament
- Obstructing justice
- Cronyism
- Wasting public money
- Violating the laws of the United States
- Appearing in a state of intoxication while performing official duties
The interpretation of "high crimes and misdemeanors" allows for flexibility in impeachment proceedings, ensuring that unanticipated bad behaviour by government officials can be addressed. However, a broad reading of this phrase may also create a risk of it being used as a partisan weapon.
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Treason
The US Constitution limits grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". While treason is a relatively well-understood term, the Constitution does not define "high crimes and misdemeanors".
The process of impeachment for treason, as outlined in the Constitution, involves the House of Representatives charging an official of the federal government with treason. The House must approve articles of impeachment by a simple majority vote. After sending the 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 Senate has the right to call witnesses and perform cross-examinations, while the House members act as prosecutors and present the case for impeachment. Senators must take an oath to perform their duties honestly and with diligence.
To convict a person being impeached for treason, the Senate requires a two-thirds supermajority vote. If convicted, the official is automatically removed from office and may be barred from holding future office by a separate majority vote. Impeachment proceedings do not preclude criminal liability, and conviction in the Senate does not equate to pardon or exoneration from criminal charges.
In the history of the United States, there have been notable cases of impeachment for treason. For example, President Andrew Johnson was impeached for violating the Tenure of Office Act, and Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms. These cases demonstrate the application of the impeachment process for alleged acts of treason.
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Bribery
The Constitution of the United States outlines that the President, Vice President, and all civil officers shall be removed from office on impeachment for, and conviction of, "treason, bribery, or other high crimes and misdemeanors". While treason is defined in the Constitution, bribery is not. However, it had a clear common-law meaning and is now well covered by statute.
At the time the Constitution was drafted, bribery was understood in broad terms as the corrupt use of an official's public power to achieve private ends. It was not rooted in traditional criminal law and was therefore not defined with the precision that is required when applying a criminal statute. Teachout's study supports this, noting that bribery and extortion were considered inherently corrupt, but such crimes were rarely punished criminally. Invocations of bribery were thus rarely in reference to criminal law standards and were more often in reference to the use of a gift, political office, or flattery to persuade someone to change a course of action.
Some of the earliest bribery statutes enacted by the American states reflect this understanding. For example, a 1797 Delaware list of "indictable crimes" described bribery as "an offense against public justice", constituted by an undue reward for one in the administration of public justice, in an attempt to influence him against the known rules of law, honesty, or integrity.
In the context of impeachment, the phrase "high crimes and misdemeanors" has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388. The use of the word "other" to link "high crimes and misdemeanors" with "treason" and "bribery" is indicative of the types and seriousness of conduct encompassed by "high crimes and misdemeanors".
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Abuse of power
The United States Constitution does not define the phrase "high crimes and misdemeanors", which is used to describe impeachable offences. Instead, the understanding of this phrase is informed by the history of impeachments.
One example of an impeachable offence is abuse of power. Congressman Shri Thanedar introduced articles of impeachment against President Donald Trump, citing abuse of power as one of the reasons. Thanedar accused Trump of violating the separation of powers and placing "personal power and self-interest above public service". Trump was also accused of obstruction of justice and abuse of executive power, including misuse of the Department of Justice, unlawful deportations, and defiance of court orders.
In another instance, President Trump was accused of abuse of power for allegedly using the powers of his office to solicit Ukraine's interference in the 2020 election. He was said to have conditioned official acts, such as releasing military aid to Ukraine, on President Zelenskyy agreeing to investigate his political opponent.
The scope of what constitutes an impeachable offence has been a subject of debate, with some arguing that it should be limited to criminal behaviour. However, others maintain that impeachment is a political process that addresses a broader range of offences, including those that are not easily definable by law or purely political in nature.
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Behaviour incompatible with the function and purpose of the office
Impeachment is a political process that is largely unreviewable by the judicial branch. The understanding of what constitutes an impeachable offence is informed by historical practice and congressional impeachments rather than judicial decisions. The phrase "high crimes and misdemeanors", which appears in the Constitution, has been subject to debate and interpretation over the years.
For example, in 1868, President Andrew Johnson was impeached for violating the Tenure of Office Act. This was considered an abuse of power and a violation of the expected conduct of the President, thus falling under behaviour incompatible with the function and purpose of the office. Similarly, in 1986, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms, which was seen as conduct unbecoming of a judicial officer.
Another example is the impeachment of Judge G. Thomas Porteous in 2010. He was found to have engaged in a corrupt relationship with bail bondmen, receiving things of value in return for his influence. This type of behaviour is considered incompatible with the ethical standards and integrity expected of a judicial officer, and therefore served as grounds for impeachment.
In summary, behaviour incompatible with the function and purpose of the office is a broad category that allows for the impeachment of government officials who abuse their power, misuse their position for personal gain, or engage in conduct that is deemed unacceptable for their office. The interpretation of this criterion is informed by historical precedent and the specific circumstances of each case.
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Frequently asked questions
The US Constitution states that impeachment is for "treason, bribery, or other high crimes and misdemeanors". The meaning of "high crimes and misdemeanors" is not defined in the Constitution and has been debated. It generally refers to corrupt or improper conduct by government officials that is incompatible with their duties.
No, an actual criminal offense is not required for impeachment. The framers of the Constitution intended impeachment to address a broad range of conduct, including political offences, that may not be criminal but are serious and incompatible with the duties of office.
The US Constitution grants the House of Representatives the sole power of impeachment and the Senate the sole power to try impeachments. The President, Vice President, and all civil officers of the United States can be impeached and removed from office.
