Simone Lawson
The phrase high crimes and misdemeanors has been used since the 14th century to describe grounds for impeachment. While the meaning of the phrase is still debated, it generally refers to political offences committed by individuals in positions of power. The ambiguity of the phrase allows for flexibility in the impeachment process, ensuring that it can be applied to a wide range of offences that may not be easily definable by law. The process of impeachment is a political one, informed by historical precedent rather than judicial decisions.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, and all Civil Officers of the United States |
| Who decides? | The House of Representatives and the Senate |
| Historical precedent | The term was first used in 1386 by the English Parliament to describe grounds to impeach officials of the crown |
| What does it mean? | The phrase is vague and open to interpretation, but it generally refers to abuses and crimes by those in power |
| Examples | Misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying orders from Parliament, corruption, etc. |
| What it doesn't mean | Minor reasons or policy disagreements |
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What You'll Learn
Bribery
The United States Constitution states that the President, Vice President, and all civil officers can be impeached for "treason, bribery, or other high crimes and misdemeanors". While treason and bribery are relatively well-understood terms, the Constitution does not define "high crimes and misdemeanors".
The impeachment process is a political one, largely unreviewable by the Judicial Branch, and is used to address an individual's abuse of power or office. It is a check and balance on the power of the Executive, as Benjamin Franklin asserted, to defend the community against "the incapacity, negligence or perfidy of the chief Magistrate".
The House of Representatives has the sole power of impeachment and can impeach an official with a simple majority vote. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict. A two-thirds majority is required to convict and remove an official from office.
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Abuse of power
The concept of "high crimes and misdemeanors" is a common phrase in the US Constitution, but it is not strictly defined, leaving room for interpretation by the House of Representatives and the Senate. The phrase was historically used to cover a wide range of crimes committed by someone in a unique position of political authority.
- Misappropriating government funds
- Appointing unfit subordinates
- Failing to prosecute cases
- Promoting oneself ahead of more deserving candidates
- Threatening a grand jury
- Arresting someone to prevent them from running for parliament
- Using the power of office to solicit interference in an election
- Conditioning official acts, such as military aid, on personal requests
In the case of President Donald Trump's impeachment, the Judiciary Committee focused on whether his conduct constituted an impeachable offense of abuse of power. The Committee alleged that President Trump had abused his office by soliciting Ukraine's interference in the 2020 election and conditioning official acts on personal requests from President Zelenskyy. This abuse of power was considered subversive of constitutional government and a violation of the public trust.
In summary, "high crimes and misdemeanors" encompass a broad range of offences, including abuse of power, which involves the misuse of office for personal gain or the violation of public trust. The interpretation of these offences is left to the House of Representatives and the Senate in the impeachment process.
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Treason
The power of impeachment is a fundamental component of the system of checks and balances. It is a political process that is largely unreviewable by the Judicial Branch. The historical practice of impeachment proceedings, rather than judicial decisions, informs the understanding of the Constitution's meaning in this area.
The process of impeachment involves the House of Representatives charging an official of the federal government by approving, through a simple majority vote, articles of impeachment. The House of Representatives has the sole power 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 Senate has the sole power to try all impeachments and requires a two-thirds majority to convict.
The punishment for a conviction could include a range of penalties, including imprisonment, fines, or even death. Additionally, the Senate may disqualify convicted officials from holding public offices in the future.
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Accepting Emoluments
The emoluments clause, also known as the foreign emoluments clause, is a provision of the U.S. Constitution that prohibits federal officeholders from accepting any gifts, payments, or other objects or services of value from foreign states or their representatives without the consent of Congress. The plain purpose of this clause is to prevent the country's leaders from being improperly influenced by gift-giving, which was a common and corrupt practice among European rulers and diplomats. This clause applies to all federal officeholders, including the President.
The domestic emoluments clause, on the other hand, prohibits the President from receiving any "emolument" from the federal government or the states beyond "compensation" for their services as chief executive. It sets the President's salary and bars the federal government and states from giving the President a raise or any bonuses.
The phrase "high crimes and misdemeanors" has been used to describe grounds for impeachment since the time of the English Parliament in 1386. It was included in the U.S. Constitution as one of the criteria for impeaching public officials who abuse their office. The specific meaning of "high crimes and misdemeanors" has been left open to interpretation, but it generally refers to an extensive range of crimes or offences committed by someone in a position of political authority.
In the case of former President Donald Trump, there were concerns that his extensive business dealings, particularly with foreign entities, may have violated the Emoluments Clauses of the Constitution. Lawsuits and impeachment efforts were initiated, with accusations that Trump had violated both the foreign and domestic emoluments clauses by accepting payments and gifts from foreign entities and profiting from his businesses while in office. The Supreme Court dismissed cases regarding Trump's alleged violations, leaving the exact scope and meaning of the Emoluments Clauses undefined.
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Obstruction
The interpretation of "high crimes and misdemeanors" has been evolving for hundreds of years and is informed by the history of congressional impeachments rather than judicial decisions. The phrase has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388.
In the US, 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 phrase "high crimes and misdemeanors" is intentionally vague and open-ended, allowing for flexibility in interpretation.
In addition to obstruction, other acts of misconduct that have been deemed worthy of impeachment include lying under oath (as in the case of President Bill Clinton), abuse of power, and contempt of Congress. These actions may not necessarily violate any criminal law but constitute a serious violation of the public trust.
The interpretation of what constitutes obstruction or other "high crimes and misdemeanors" is a complex and evolving topic that is subject to ongoing debate and interpretation.
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Frequently asked questions
The phrase first appeared in 1386 when the English Parliament used it to describe one of the grounds to impeach officials of the crown.
The phrase refers to a broad range of crimes, including misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, and corruption.
Impeachment is a political process that serves as a check against abuses by government officials and provides a way to remove public officials who abuse their office.
Examples include issuing rulings that are contrary to the laws of the United States, violating the Tenure of Office Act, and bribery.
The President, Vice President, and all civil Officers of the United States can be impeached and removed from office if found guilty of "treason, bribery, or other high crimes and misdemeanors."
