Eleanor Finch
The U.S. Constitution outlines a system of checks and balances to ensure no branch becomes too powerful, with impeachment serving as the ultimate check on the executive branch. The phrase high crimes and misdemeanors refers to the constitutional grounds for impeachment, encompassing serious offences that violate the trust placed in public officials. While the exact definition has been debated, it generally refers to abuses of power, corruption, or conduct unbecoming of an officeholder. The interpretation of this phrase has evolved over time, reflecting changing political climates and societal values, and it has been applied in various ways by different Congresses.
| Characteristics | Values |
|---|---|
| Nature | Political, relating to injuries done to society |
| Grounds | Serious misconduct, abuse of power, corruption, violation of public trust |
| Impeachable Offences | Treason, bribery, misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, helping "suppress petitions to the King to call a Parliament", income tax evasion, etc. |
| Not Impeachable Offences | Occasional maladministration |
| Scope | Federal officials, including the President, Vice President, and civil officers |
| Procedure | Impeachment by the House of Representatives, conviction in the Senate |
| Vote Required | Majority in the House of Representatives for impeachment, two-thirds majority in the Senate for removal |
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What You'll Learn
'High crimes and misdemeanors' is a technical term
The phrase "high crimes and misdemeanors" is a technical term used in the US Constitution to describe the grounds for impeaching federal officials, including the President. The term is not explicitly defined in the Constitution, which has led to varied interpretations throughout history. However, it generally refers to serious offenses that violate the trust placed in public officials, such as abuse of power, corruption, or conduct unbecoming of an officeholder.
The process of impeachment is meant to be a political remedy rather than a criminal one, focusing on the conduct of officials rather than their criminal liability. The standards for what constitutes a "high crime and misdemeanor" can shift depending on political contexts and prevailing legal interpretations. For example, during the impeachment of President Bill Clinton in 1999, White House Counsel Charles Ruff described a narrow interpretation of the phrase, requiring an extraordinarily high standard of offense.
The phrase "high crimes and misdemeanors" has a long history in British law, dating back to 1386 when the English Parliament first used it to describe one of the grounds for impeaching officials of the crown. The Founding Fathers of the United States Constitution, who were influenced by British law, raised the bar for impeachment above the standards of their time. They intended for impeachment to be a mechanism to hold those in high office accountable to the public and ensure they uphold their duties.
The interpretation of "high crimes and misdemeanors" has evolved over time, reflecting changing political climates and societal values. This evolution affects modern governance by influencing how seriously allegations against officials are taken and how willing Congress is to engage in impeachment proceedings. As such, the phrase "high crimes and misdemeanors" continues to be a subject of debate and interpretation in the political and legal spheres.
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The standard for what constitutes a 'high crime or misdemeanour' varies
The standard for what constitutes a high crime or misdemeanour varies, reflecting changing political climates and societal values. The process of impeachment is meant to be a political remedy rather than a criminal one, focusing on the conduct of officials rather than criminal liability. The founding generation's legal education was steeped in British law, and the term "'high crimes and misdemeanors' was employed by the English Parliament since 1386 to describe grounds for impeaching officials of the crown. The term "high misdemeanour" was a frequently used legal term of art with a specific meaning, and the founders raised the bar for impeachment above the House of Commons' standard.
The interpretation of high crimes and misdemeanors has evolved over time, with different Congresses applying the standard variously based on their political composition and prevailing issues. The phrase is not explicitly defined in the Constitution, leading to varied interpretations throughout history. The first draft of the Constitution included an extradition clause referring to "treason, felony, or high misdemeanour", with Madison later substituting "other crime" to encompass a broader range of offences.
The process of impeachment and conviction is complex, serving as a balance to prevent the removal of officials for minor reasons. The House of Representatives holds the power to impeach, and the subsequent trial is conducted by the Senate. The vague phrase "high crimes and misdemeanors" was chosen over "maladministration" to suggest a parsing between incompetence and intentional malfeasance.
Examples of "high crimes and misdemeanors" include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying Parliament, and income tax evasion. The standard for impeachment is intentionally set extraordinarily high to ensure only the most serious offences are considered, such as those that subvert the Constitution or grossly violate public trust.
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'High crimes and misdemeanors' is a basis for presidential impeachment
The U.S. Constitution outlines a system of checks and balances to ensure that no branch of the federal government becomes too powerful. The impeachment clause in Article II, Section 4, is the ultimate check on the executive branch:
> The President, Vice President, and all Civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The phrase "high crimes and misdemeanors" is not explicitly defined in the Constitution, and its interpretation has evolved over time, reflecting changing political climates and societal values. The process of impeachment focuses on the conduct of officials rather than criminal liability, and the standard for what constitutes a "high crime or misdemeanor" can shift depending on the political context and prevailing legal interpretations.
Historically, "high crimes and misdemeanors" have been interpreted to include abuse of power, corruption, or conduct unbecoming of an officeholder. Examples of officials accused of "high crimes and misdemeanors" include President Andrew Johnson, who was impeached in 1868 for violating the Tenure of Office Act, and President Bill Clinton, whose impeachment in 1999 was described as requiring a "narrow" interpretation of "high crimes and misdemeanors."
The ambiguity of the phrase "high crimes and misdemeanors" underscores the complex nature of the impeachment process, which is designed to prevent the removal of officials from office for minor reasons. The House of Representatives holds the power to impeach, and a majority vote is required to draft articles of impeachment. The subsequent trial is conducted by the Senate, which decides whether to convict and remove the official from office. A two-thirds majority is required for removal.
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The phrase is not explicitly defined in the Constitution
The phrase "high crimes and misdemeanors" is not explicitly defined in the US Constitution, and its interpretation has evolved over time, reflecting changing political climates and societal values. This lack of a precise definition has resulted in varied interpretations throughout history. The phrase is generally understood to refer to serious offenses that violate the trust placed in public officials and can include abuse of power, corruption, or conduct unbecoming of an officeholder.
The process of impeachment is meant to be a political remedy rather than a criminal one, focusing on the conduct of officials rather than their criminal liability. It serves as a check on the executive branch, ensuring that those in high office remain accountable to the public and can be removed if they fail to uphold their duties. The House of Representatives holds the power to impeach a president, vice president, federal judge, or any other civil officer of the United States on charges of "treason, bribery, or other high crimes and misdemeanors."
The ambiguity of the phrase "high crimes and misdemeanors" has been a subject of debate since the Constitutional Convention. George Mason, who offered the term as one of the criteria for impeachment, originally suggested "maladministration," which was replaced by "other high crimes and misdemeanors against the State." This substitution replaced a vague term with another vague phrase, leaving much freedom of interpretation to the House of Representatives.
The interpretation of "high crimes and misdemeanors" has been influenced by British legal history and precedent. In British law, the term high misdemeanor was a legal term of art with a specific meaning, referring to non-capital but serious crimes. The Founding Fathers, having received their legal education as colonists in the British Empire, adopted this term to raise the bar for impeachment. However, they did not provide an extended explanation of its meaning, leading to ongoing debates about its specific interpretation.
While the exact definition of "high crimes and misdemeanors" remains elusive, it is clear that it encompasses a broad range of activities and is not limited to actual crimes. Identifying the duties and scope of public trust associated with each constitutional office is crucial to determining when an officeholder's actions warrant impeachment.
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'High crimes and misdemeanors' is a 'term of art'
The US Constitution outlines a system of checks and balances to ensure that no branch of the federal government becomes too powerful. The impeachment clause, which is part of this system, states that the President, Vice President, and all Civil Officers of the United States can be removed from office for "treason, bribery, or other high crimes and misdemeanors".
The phrase "high crimes and misdemeanors" is a term of art, which means it has a specific meaning in a legal context. It refers to constitutional grounds for impeachment and is used to describe serious offenses that violate the trust placed in public officials. The term is intentionally vague to allow for interpretation based on the specific context and political climate. This flexibility ensures that impeachment is a political remedy rather than a criminal one, focusing on the conduct of officials rather than their criminal liability.
The interpretation of "high crimes and misdemeanors" has evolved over time, reflecting changing political climates and societal values. Different Congresses have applied this standard variously, depending on their political composition and the prevailing issues. This evolution affects how seriously allegations against officials are taken and how willing Congress is to engage in impeachment proceedings.
The process of impeachment is complex and involves the House of Representatives drafting articles of impeachment and the Senate conducting a trial to decide on conviction and removal from office. The high standard of "high crimes and misdemeanors" ensures that officials are not removed from office for minor reasons and that the process is a balance against such actions.
Examples of "high crimes and misdemeanors" include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying Parliament, and income tax evasion. These offenses are considered a breach of public trust and warrant impeachment to hold officials accountable for their actions.
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Frequently asked questions
Article II, Section 4 of the US Constitution states: "The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
The US Constitution does not explicitly define "high crimes and misdemeanors". The interpretation of the phrase has evolved over time, reflecting changing political climates and societal values. Generally, it refers to serious offences that violate the trust placed in public officials, including abuse of power, corruption, or conduct unbecoming of an officeholder.
The House of Representatives has the power to impeach a President, Vice President, federal judge, or any other civil officer of the United States. If a majority in the House votes to impeach, the Senate then conducts a trial to decide whether to convict and remove the official from office. This requires a two-thirds majority in the Senate.
Historical examples include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, and income tax evasion. More recently, President Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act, and President Bill Clinton faced impeachment in 1999.
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