Malcolm Rivera
The United States Constitution grants Congress the power to impeach federal officials. This power is derived from Article I, Section 2, Clause 5, which grants the House of Representatives the sole authority to initiate impeachment proceedings, and Article I, Section 3, Clauses 6 and 7, which assign the Senate sole responsibility for trying impeachments and determining the sanctions for convicted individuals. The impeachment process is a fundamental component of the system of checks and balances, allowing Congress to hold government officials accountable for wrongdoing, including treason, bribery, and other high crimes and misdemeanors. While the Constitution does not define high crimes and misdemeanors, it ensures that impeachment proceedings are a crucial tool for maintaining accountability and addressing abuses of power.
| Characteristics | Values |
|---|---|
| Section | Article I, Section 2, Clause 5; Article I, Section 3, Clauses 6-7; Article II, Section 2, Clause 1; Article II, Section 4; Article III, Section 2, Clause 3 |
| Power to impeach | Granted to the House of Representatives |
| Power to try impeachments | Assigned to the Senate |
| Sanctions | Removal from office; disqualification from holding future office; criminal liability |
| Pardon power | Does not extend to cases of impeachment |
| Subject to impeachment | President, Vice President, and all Civil Officers of the United States |
| Grounds for impeachment | Treason, Bribery, or other High Crimes and Misdemeanors |
| Nature of impeachment | Remedial; not punitive |
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What You'll Learn
- The House of Representatives has the sole power to impeach
- The Senate has the sole power to try impeachments
- Sanctions for an impeached and convicted individual
- The President enjoys pardon power, except in cases of impeachment
- Which officials are subject to impeachment and what constitutes impeachable behaviour?
The House of Representatives has the sole power to impeach
The United States Constitution grants the House of Representatives the sole power to impeach federal officials. This power is derived from Article I, Section 2, Clause 5 of the Constitution, which states that the House "shall have the sole Power of Impeachment." The House has initiated impeachment proceedings more than 60 times, and it plays a crucial role in the process of holding government officials accountable.
The practice of impeachment originated in England and was later adopted by the framers of the US Constitution as a fundamental component of the system of checks and balances. The House of Representatives is responsible for bringing charges, or articles of impeachment, against an official of the federal government. These charges typically involve allegations of misconduct or abuses of power. The House approves these articles by a simple majority vote, after which the official is considered impeached.
Once the House has impeached an official, it sends the articles of impeachment to the Senate, which then acts as a High Court of Impeachment. The Senate holds an impeachment trial, reviewing evidence and hearing witnesses, before voting to acquit or convict the impeached official. The chief justice of the United States presides over the trial, except in cases of presidential impeachment, where the chief justice of the Supreme Court presides.
The Senate requires a two-thirds majority vote to convict an official, at which point the official is removed from office. Additionally, the Senate may vote with a simple majority to bar the individual from holding future federal office. It is important to note that impeachment proceedings are remedial rather than punitive, and an impeached official may still be subject to criminal or civil trial and prosecution under the law.
The House of Representatives, through its sole power to impeach, plays a vital role in ensuring accountability and upholding the system of checks and balances within the US government. This power enables the House to initiate the process of addressing misconduct and abuses of power by government officials, ultimately leading to their removal from office if convicted by the Senate.
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The Senate has the sole power to try impeachments
The U.S. Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" in Article I, Section 2. The House is the only governmental body that can call a vote to impeach an executive or judicial officer. The House has initiated impeachment proceedings more than 60 times.
Article I, Section 3, Clause 6 assigns the Senate sole responsibility to try 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 holds an impeachment trial, during which it reviews evidence and hears testimony from witnesses. The Senate then votes on whether to convict the impeached official. If two-thirds of the Senate votes to convict, the official is removed from their position and may be barred from holding future office.
The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment. This means that Senators and Representatives can only be removed from office by a two-thirds vote for expulsion by their respective chambers.
The impeachment process is not punitive, and a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The President may not grant a pardon in the impeachment case but may in any resulting federal criminal case.
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Sanctions for an impeached and convicted individual
Article I, Section 2 of the US Constitution grants the House of Representatives the "sole Power of Impeachment", while Article I, Section 3 assigns the Senate "sole responsibility to try impeachments".
Regarding sanctions for an impeached and convicted individual, Article I, Section 3, Clause 7 of the Constitution states that sanctions are limited to removal from office and potentially a bar from holding future office. However, impeachment proceedings do not preclude criminal liability. This means that conviction does not extend to further punishment, such as loss of pension.
The Senate has used disqualification sparingly, with only three individuals being disqualified from holding future office: West Hughes Humphreys, Robert W. Archbald, and Thomas Porteous.
Following conviction by the Senate, the impeached individual is still "liable and subject to Indictment, Trial, Judgment and Punishment, according to Law" in the regular federal or state courts.
The Former Presidents Act of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. However, due to an amendment to this law in 2013, a former president who has been impeached and convicted is still guaranteed lifetime Secret Service protection.
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The President enjoys pardon power, except in cases of impeachment
The President of the United States is granted pardon power by the Constitution, which allows them to grant reprieves and pardons for offences against the United States. However, this power does not extend to cases of impeachment. This exception is outlined in Article II, Section 2, Clause 1 of the Constitution.
The power to impeach is granted to Congress by the Constitution, which provides that the House of Representatives "shall have the sole Power of Impeachment" in Article I, Section 2. The Senate is then tasked with trying impeachments, as outlined in Article I, Section 3. The Constitution limits the grounds for impeachment to "treason, bribery, or other high crimes and misdemeanors", though the definition of "high crimes and misdemeanors" is not specified.
The process of impeachment is a way to hold government officials accountable for their actions and ensure they uphold the public trust. It can be used to remove someone from office and disqualify them from holding future office. The President, Vice President, and all civil officers of the United States are subject to impeachment.
While the President typically has the power to grant pardons, this power does not extend to cases of impeachment. This exception ensures that the President cannot use their pardon power to interfere with the impeachment process or protect themselves or others from the consequences of an impeachment trial.
The impeachment process is a serious matter, and it has been invoked only a handful of times in American history. It serves as a check on the executive and judicial branches, providing a mechanism for accountability and upholding the principles of the separation of powers.
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Which officials are subject to impeachment and what constitutes impeachable behaviour
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, Section 2) and that the Senate has the "sole Power to try all Impeachments" (Article I, Section 3). The President, Vice President, and all civil officers of the United States are subject to impeachment. This includes federal judges, cabinet secretaries, and senators.
Impeachment is the process of bringing charges against a government official for wrongdoing. An official can be impeached for "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been debated. The House of Representatives brings articles of impeachment against an official, and if approved by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, considering evidence and hearing witnesses. If found guilty, the official is removed from office and may be disqualified from holding public office in the future.
The impeachment process is a fundamental component of the system of "checks and balances," allowing Congress to hold government officers accountable for violations of the law and abuses of power. It is a political process largely unchecked by the judiciary.
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Frequently asked questions
Article I, Section 2 of the Constitution states that the House of Representatives "shall have the sole Power of Impeachment".
The President, Vice President, and all civil officers of the United States are subject to impeachment.
The Constitution limits grounds for impeachment to "treason, bribery, or other high crimes and misdemeanors".
The exact definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been the subject of debate.
After the House of Representatives impeaches an official, the Senate holds an impeachment trial. If two-thirds of the Senate vote to convict, the official is removed from office and may be barred from holding future office.
