Simone Lawson
The United States Constitution outlines the impeachment process, which involves the House of Representatives and the Senate. The House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. The House of Representatives can impeach an official with a simple majority vote, after which the Senate conducts a trial, hearing witnesses and evidence before voting to acquit or convict the official. The Senate requires a two-thirds majority vote to convict and remove an official from office, and it may also bar them from holding future federal office.
| Characteristics | Values |
|---|---|
| Chamber of Congress that holds impeachment trials | Senate |
| Chamber of Congress that holds the sole power of impeachment | House of Representatives |
| Vote required to impeach | Simple majority |
| Vote required to convict | Two-thirds majority |
| Outcome of conviction | Removal from office |
| Additional outcome of conviction | Disqualification from holding public office in the future |
| Impeachment trial committee | Used since the 1980s |
| Impeachment trial committee purpose | Streamline impeachment trials |
| Impeachment trial committee members | Senators |
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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" (Article I, section 2), with the Senate given "the sole Power to try all Impeachments" (Article I, section 3). This means that the House of Representatives has the exclusive authority to initiate impeachment proceedings, while the Senate is responsible for conducting the subsequent impeachment trial.
The House of Representatives plays a crucial role in the impeachment process. It has the power to bring articles of impeachment, or charges, against government officials, including the President, Vice President, and civil officers. When a simple majority of the House members vote to adopt the articles of impeachment, the official stands impeached. This crucial step reflects the House's authority to indict and bring charges against individuals in positions of power.
The House, through its Judiciary Committee, actively investigates and gathers evidence during this process. This committee work ensures that the impeachment process is thorough and based on factual information. Once the House assembles and presents the evidence, it demonstrates the seriousness of the allegations and provides a foundation for the Senate's trial proceedings.
The House of Representatives' sole power of impeachment serves as a critical check and balance within the US political system. It empowers the House to hold government officials accountable for their actions, ensuring that they uphold the public's trust and act in the nation's best interests. This power enables the House to address instances of wrongdoing, misconduct, or abuse of power by those in the highest offices of the land.
While the House of Representatives initiates impeachment, the Senate takes over as the sole court for impeachment trials. The Senate sits as a jury, hearing witnesses and evaluating the evidence presented. The Chief Justice of the Supreme Court presides over the trial, adding to the solemnity and impartiality of the proceedings. The Senate's role in trying impeachments reinforces the fairness and deliberative nature of the process.
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The Senate holds impeachment trials
The Senate holds the sole power to try impeachments. 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 Senate can also disqualify convicted officials from holding public office in the future. Since 1789, about half of the Senate impeachment trials have resulted in conviction and removal from office.
The Senate's impeachment rules have remained largely the same since their adoption during the trial of President Andrew Johnson. Beginning in the 1980s, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI. These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate. All senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit.
The Senate has held impeachment trials for several officials, including three presidents: Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021.
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A two-thirds vote is required to convict
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments". The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
The Senate requires a two-thirds vote to convict an accused official, removing them from office. This is called a supermajority. If there is no single charge commanding a "guilty" vote from two-thirds of the senators present, the defendant is acquitted and no punishment is imposed. The Senate may also, with just a simple-majority vote, bar an individual convicted in a senate impeachment trial from holding future federal office.
Since 1789, about half of the Senate impeachment trials have resulted in conviction and removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. The president, vice president, and all civil officers of the United States are subject to impeachment.
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Impeachment is a check on the executive
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 all Impeachments". The House of Representatives can impeach an official with a simple majority vote, after which the official has been impeached. The Senate then holds an impeachment trial, where it sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A two-thirds majority is required in the Senate to convict and remove an official from office. The penalty for an impeached official upon conviction is removal from office, and in some cases, disqualification from holding public offices in the future.
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. Of those impeached, only eight officials were found guilty by the Senate and removed from office, all of whom were federal judges. The process of impeachment is an important tool for Congress to hold government officials accountable and ensure they uphold the standards of their office.
The practice of impeachment is not limited to the federal government, as many tribal governments and state legislatures also have impeachment procedures. For example, the state of New York's Court of the Trial of Impeachments includes all seven members of the state's highest court, the New York Court of Appeals. Impeachment is a powerful tool for holding government officials accountable, and its use at various levels of government demonstrates its importance as a check on the executive branch.
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Impeachment trials can continue after resignation
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" and the Senate "the sole Power to try all Impeachments". The House of Representatives can impeach an official with a simple majority vote, after which the Senate holds an impeachment trial. The Senate can then vote by a two-thirds majority to convict and remove the official from office, and may also bar them from holding future federal office.
The Constitution does not specify whether an impeachment trial can continue after the resignation of the official in question. However, there have been instances where impeachment trials have continued after the official's resignation or their term has ended. In 1797, the Senate continued impeachment proceedings against Senator William Blount even after he had been expelled from office. In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate voted that it had jurisdiction to try Belknap, but ultimately acquitted him after the trial. In 2021, the Senate continued with President Donald Trump's second impeachment trial even though he was no longer in office.
There are arguments both for and against allowing impeachment trials to continue after an official's resignation. Some argue that resignation should not be an escape from accountability, and that stopping the trial may set a dangerous precedent. If the trial is stopped, the official may be able to return to public office in the future. However, others argue that if the official has already resigned, then the trial serves no purpose and would be a waste of time and resources. The public may perceive such a trial as politically motivated rather than about accountability.
Ultimately, the decision to continue or stop the trial lies with the Senate. If the Senate proceeds with the trial, the resigned official can challenge the decision in the Supreme Court. The Supreme Court can only intervene if it finds that the Senate committed a "grave abuse of discretion", meaning that the Senate acted arbitrarily or violated the Constitution.
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Frequently asked questions
The Senate holds impeachment trials, sitting as a High Court of Impeachment.
The House of Representatives brings articles of impeachment against an official and approves them by a simple majority vote. The official is then impeached and the Senate holds an impeachment trial. The Chief Justice of the Supreme Court presides over the trial. The Senate then votes to acquit or convict the official.
If convicted, the official is removed from office and may be barred from holding future federal office.
