Isabella Carter
The US Constitution gives Congress the power to impeach federal officials, including the President, Vice President, and all civil officers. Impeachment is the process of bringing charges against a government official for wrongdoing, and it involves both political and legal elements. The House of Representatives has the sole power to impeach, while the Senate is the sole court for impeachment trials. The House of Representatives brings articles of impeachment (charges) against an official, and if approved by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, and a two-thirds supermajority is required to convict the impeached official. The official is then removed from office and may be barred from holding future office. While the meaning of treason and bribery is clear, the scope of high crimes and misdemeanors lacks a formal definition and has been debated and fleshed out over time.
| Characteristics | Values |
|---|---|
| Impeachment powers | Granted to Congress by the Constitution |
| Impeachment trial venue | Senate |
| Impeachment trial prosecutor | House of Representatives |
| Impeachment trial judge | Chief Justice |
| Grounds for impeachment | Treason, bribery, high crimes, misdemeanors, personal misconduct, gross neglect, usurpation, habitual disregard of the public interest |
| Conviction requirement | Two-thirds supermajority in the Senate |
| Result of conviction | Removal from office, potential disqualification from holding future office, liability to criminal prosecution |
| Disqualification requirement | Simple majority in the Senate |
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Treason
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 President, Vice President, and all civil officers of the United States are subject to impeachment for treason, bribery, or other high crimes and misdemeanors.
In the case of presidential impeachment, the chief justice of the United States presides over the Senate, which sits as a High Court of Impeachment. The Senate hears evidence, listens to witnesses, and votes to acquit or convict the impeached official. A two-thirds supermajority is required to convict a person being impeached. If convicted, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office.
Former President Donald Trump was impeached twice during his single term in office, the first of which was for abuse of power. Trump allegedly used the powers of his office to solicit Ukraine's interference in the 2020 election and withheld official acts, such as the release of military aid to Ukraine, until President Zelenskyy agreed to announce investigations. Trump was acquitted on all counts by the Senate.
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Bribery
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment", 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 for treason, bribery, or other high crimes and misdemeanors.
Impeachment has been used to address instances where government officers abuse their power, conduct themselves inappropriately, or misuse their office for personal gain. For example, Judge G. Thomas Porteous was impeached in 2010 for engaging in a corrupt relationship with bail bondmen, where he received favors in exchange for helping them develop relationships with state judges.
The impeachment process involves the House of Representatives charging an official of the federal government by approving articles of impeachment, which are then sent to the Senate. The Senate sits as a High Court of Impeachment, hearing witnesses and evidence, before voting to acquit or convict. A two-thirds supermajority is required to convict, at which point the official is removed from office.
In conclusion, bribery is a clear impeachable act by the US president, as defined by the US Constitution and further clarified through historical precedent and federal law.
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High crimes and misdemeanors
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 President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office if convicted of "treason, bribery, or other high crimes and misdemeanors".
The definition of "high crimes and misdemeanors" has been left open-ended and vague, and it is not defined in the Constitution or statute. This gives the House of Representatives and the Senate much freedom of interpretation. The meaning of the phrase has been informed by the history of congressional impeachments, and it has traditionally been considered a "term of art". While the types of conduct constituting treason and bribery are relatively well-understood, the scope of "high crimes and misdemeanors" lacks a formal definition and has been fleshed out over time through the practice of impeachments.
The phrase "high crimes and misdemeanors" covers allegations of misconduct by officials, including ordinary crimes. The Judiciary Committee's 1974 report, "The Historical Origins of Impeachment", noted that the phrase has been used since 1386 when the English Parliament used it to describe one of the grounds to impeach officials of the crown. The report also stated that such constitutional phrases must be construed according to what the framers meant when they adopted them.
Officials accused of "high crimes and misdemeanors" have been accused of a wide range of offenses, including misappropriating government funds, appointing unfit subordinates, not prosecuting cases, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, and arresting a man to keep him from running for Parliament. Impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
The impeachment process serves as a check against abuses by government officials and gives Congress the ability to hold them accountable. However, there are risks associated with either a narrow or broad reading of impeachable offenses. A narrow reading may make the impeachment power inflexible, while a broad reading may create a partisan weapon that can be used to undermine the independence of other government officials.
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Personal misconduct
The US Constitution gives Congress the power to impeach federal officials, including the President, Vice President, and all civil officers. Impeachment proceedings may be requested by a member of the House of Representatives, which then charges an official of the federal government by approving, through a simple majority vote, articles of impeachment. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
The Constitution outlines that impeachment is for treason, bribery, or other high crimes and misdemeanors. While the meaning of treason and bribery is relatively clear, the scope of high crimes and misdemeanors lacks a formal definition and has been fleshed out over time. This has been interpreted to include political offences, which can include those growing out of personal misconduct.
It is important to note that impeachment is a political process largely unchecked by the judiciary. The threshold for disqualification is also not explicitly mentioned in the Constitution, and the Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds supermajority.
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Gross neglect
The United States Constitution grants the House of Representatives "sole Power of Impeachment", with the Senate having "sole Power to try all Impeachments". The President, Vice President, and all civil officers of the United States are subject to impeachment for "treason, bribery, or other high crimes and misdemeanors".
While the meaning of treason and bribery is relatively clear, the scope of "high crimes and misdemeanors" lacks a formal definition and has been interpreted over time through the practice of impeachments. This includes "political offences growing out of personal misconduct, or gross neglect, or usurpation, or habitual disregard of the public interests, in the discharge of the duties of political office".
Gross negligence, in the context of impeachment, refers to a heightened degree of negligence representing an extreme departure from the ordinary standard of care. It is a lack of care that demonstrates reckless disregard for the safety or lives of others, implying a thoughtless disregard of the consequences and a failure to use even slight care to avoid causing harm. Gross negligence falls between intent to do wrongful harm and ordinary negligence.
To provide an example, in the United Kingdom, a conviction for gross negligence manslaughter requires that the prosecutor prove the existence of a duty of care, breach of that duty by the defendant resulting in death, and a risk of death that would be obvious to a reasonable person in the defendant's position.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The President, Vice President, and all Civil Officers of the United States can be impeached.
The US President can be impeached for treason, bribery, or other high crimes and misdemeanors.
The House of Representatives brings articles of impeachment (charges) against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial.
If the President is impeached, the Senate tries the case and can convict the President by a two-thirds supermajority vote. If convicted, the President is removed from office and may be barred from holding future office.
