Jonah Patel
The term high crimes and misdemeanors has been used in the impeachment of several U.S. officials, including President Andrew Johnson in 1868 and Alejandro Mayorkas in 2024. It is considered a term of art and is not defined legally, but it generally refers to serious offenses that are contrary to public morality and are grounds for removal from office. Misdemeanors, on the other hand, are lesser crimes that carry less severe punishments than felonies. They are typically punished with jail time of up to one year, fines, or community service. The distinction between misdemeanors and felonies varies across jurisdictions, with some crimes classified as misdemeanors in one state being considered felonies in another.
| Characteristics | Values |
|---|---|
| Nature | Political; relating to injuries done to society |
| Usage | Term of art |
| Impeachment | Removal from office |
| Examples | Misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, corruption, abuse of power |
| Definition | Non-capital, but serious crimes, whether statutory or common law, state or federal |
| Not Constituting High Crimes and Misdemeanors | Conduct that does not damage the state or subvert the government |
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What You'll Learn
'High crimes and misdemeanors' is a term of art
"High crimes and misdemeanors" is a phrase from Section 4 of Article Two of the United States Constitution, which outlines the grounds for impeachment of government officials. The phrase has been a subject of debate and interpretation, with varying understandings of what constitutes a "high crime" or "misdemeanor."
The Judiciary Committee's 1974 report, "The Historical Origins of Impeachment," described "high crimes and misdemeanors" as a "term of art," similar to other constitutional phrases like "levying war" and "due process." This means that the phrase should be interpreted based on the intent of the framers of the Constitution rather than modern usage. The report highlighted that the phrase has been used since 1386 by the English Parliament as grounds for impeaching officials of the crown.
In the context of impeachment, "high crimes and misdemeanors" refer to offences committed by individuals in positions of authority, particularly those that involve an abuse of power or a violation of public trust. The vague nature of the phrase allows for a broad interpretation, which has been a point of contention. George Mason, who proposed the term, intended to address conduct that subverts the Constitution and cannot be covered by specific terms like "treason" or "bribery."
The process of impeachment in the House of Representatives and conviction in the Senate is designed to be complex, preventing the removal of officials for minor reasons. The interpretation of "high crimes and misdemeanors" has been left open to the House of Representatives, allowing for flexibility in addressing abuses of power that may not fall under specific criminal categories.
While the exact definition of "high crimes and misdemeanors" remains ambiguous, it generally refers to serious offences committed by government officials that warrant their removal from office. The interpretation of this phrase has played a significant role in impeachment proceedings, such as those involving President Andrew Johnson in 1868, President Bill Clinton in 1999, and Secretary of Homeland Security Alejandro Mayorkas in 2024.
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The criteria to remove public officials who abuse their office
The phrase "high crimes and misdemeanors" has been interpreted as a "term of art," with the original intention of addressing conduct involving an individual's abuse of power or office. The vague nature of the phrase allows for a broad interpretation, which has been a point of contention. George Mason, who proposed the term, suggested that it should encompass a wide range of offenses that could subvert the Constitution. This included offenses such as misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and disobeying orders from Parliament.
On the other hand, James Madison objected to the vagueness of the phrase, arguing that it could be subject to interpretation based on political whims. The delegates at the Constitutional Convention ultimately adopted the term, but the specific criteria for what constitutes "high crimes and misdemeanors" remain undefined. This ambiguity has persisted through the impeachment proceedings of several public officials, including President Andrew Johnson, President Bill Clinton, and President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
While the exact definition of "high crimes and misdemeanors" is left to interpretation, it is generally understood to refer to serious offenses or "very serious crimes." The phrase is considered to be of a higher standard than abuse of power, violation of public trust, or disregard of the national interest. The process of impeachment and conviction is designed to balance the need to remove officials who abuse their office while also ensuring that minor reasons are not sufficient grounds for removal.
In conclusion, the criteria to remove public officials who abuse their office revolve around the interpretation of "high crimes and misdemeanors." This phrase has been debated and interpreted broadly, allowing for a range of offenses that constitute grounds for impeachment and removal from office. The process aims to balance the need for accountability while also protecting officials from trivial or politically motivated removals.
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The process of impeachment and conviction in the Senate
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House members, who are given the collective title of managers during the trial, present the prosecution case. The impeached official has the right to mount a defense with their own attorneys. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence.
After the House sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. 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. There is no appeal.
The term "high crimes and misdemeanors" has been used as one of the criteria to remove public officials who abuse their office. The definition of "high crimes and misdemeanors" has long been debated, with the Supreme Court holding that such phrases must be construed according to the framers' intentions. While the specific offences of treason and bribery are clearly defined, "high crimes and misdemeanors" is more vague and open to interpretation.
Historically, officials accused of "high crimes and misdemeanors" have been accused of a wide range of offences, including misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, and helping "suppress petitions to the King to call a Parliament". The impeachment process is a fundamental component of the system of checks and balances, ensuring that no branch of the federal government becomes too powerful.
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The scope of impeachable offenses and persons
The Founding Fathers, including James Madison, Benjamin Franklin, and Alexander Hamilton, debated the meaning and scope of this phrase during the Constitutional Convention. George Mason, who initially suggested the phrase, intended to include a broader range of offenses than just treason and bribery. He referenced the impeachment of Warren Hastings, the governor-general of India, which was taking place contemporaneously. Hastings was charged with "high crimes and misdemeanors," including corruption and abuse of power. Mason argued that treason would not cover similar misconduct and proposed including "maladministration" as an impeachable offense. However, Madison objected to this, arguing that "maladministration" was too vague and subject to interpretation.
The delegates ultimately adopted the phrase "other high crimes and misdemeanors against the State," which was seen as a middle ground between specific offenses like treason and bribery, and the more general "maladministration." This phrase was intentionally vague, allowing for flexibility in interpretation by the House of Representatives. However, it has also led to ambiguity and controversy in modern times, as seen in the impeachment proceedings of Alejandro Mayorkas, President Biden's Secretary of Homeland Security.
The original intent of "high crimes and misdemeanors" was to address conduct involving an individual's abuse of power or office, endangering the government or society. It was meant to hold public officials accountable for breaching public trust and causing injuries to society. Examples of offenses that have been considered "high crimes and misdemeanors" include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying Parliament, and violating the Tenure of Office Act.
In conclusion, the scope of impeachable offenses under "high crimes and misdemeanors" is broad and flexible, allowing the House of Representatives to interpret and apply it to a wide range of offenses that involve abuse of power or breach of public trust. However, it is important to note that the process of impeachment and conviction is complex, and the Founding Fathers intended to prevent the removal of officials for minor reasons or mere policy disagreements.
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'High misdemeanors' means serious crimes
The phrase "high crimes and misdemeanors" has been used in the impeachment of several US officials, including President Andrew Johnson, Bill Clinton, and Alejandro Mayorkas, Secretary of Homeland Security under President Biden. The phrase is considered a "term of art", with its meaning interpreted based on the intentions of its framers.
The phrase "high misdemeanors" refers to serious crimes, whether statutory or at common law, state or federal. It is a higher standard than abuse of power, violation of the public trust, or disregard of the national interest. The inclusion of "high misdemeanors" in the impeachment clause was intended to address a range of serious offences that could subvert the Constitution.
The ambiguity around the definition of "high crimes and misdemeanors" has been a source of controversy and debate. While treason and bribery are specifically defined, the undefined nature of "high crimes and misdemeanors" allows for interpretation. This interpretation can be influenced by political factors, as suggested by James Madison, who objected to the inclusion of maladministration as grounds for impeachment due to its vague nature.
The original intention behind the phrase can be understood from the records of the Constitutional Convention. George Mason, who suggested the phrase, referenced the impeachment of Warren Hastings, the governor-general of India, which was occurring simultaneously. Mason argued that treason and bribery were not sufficient to address all forms of misconduct and that impeachment should extend to attempts to subvert the Constitution.
In conclusion, "high misdemeanors" refers to serious crimes, and its inclusion in the impeachment clause was intended to address a broad range of offences that could threaten the stability of the Constitution. The interpretation of this phrase has been a subject of debate, with its ambiguity allowing for flexibility in its application.
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Frequently asked questions
"High crimes and misdemeanors" is a term used to describe grounds for impeaching officials. It is considered a "term of art", with a meaning that has evolved since its adoption.
Officials accused of "high crimes and misdemeanors" have been charged with a variety of offences, including misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and corruption, among others.
The term was first used by English Parliament in 1386 as one of the grounds to impeach officials of the crown. It was later adopted by the United States Constitution as a criterion for impeaching public officials who abuse their office.
The process involves the House of Representatives impeaching the official and the Senate convicting them. This process is complex and requires a two-thirds majority vote in the Senate to succeed.
Notable cases include the impeachment of President Andrew Johnson in 1868, the impeachment of President Bill Clinton in 1999, and the recent impeachment proceedings of President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
