Omar Bennett
The impeachment process in the United States is a fundamental component of the constitutional system of checks and balances. The House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. The House of Representatives charges an official of the federal government by approving, by 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. If the accused official is acquitted, they remain in office, and no punishment is imposed.
| Characteristics | Values |
|---|---|
| Impeachment process | Congress charges and tries an official of the federal government for "Treason, Bribery, or other high Crimes and Misdemeanors" |
| Impeachment proceedings | The House of Representatives charges an official of the federal government by approving, by simple majority vote, articles of impeachment |
| Senate's role | The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and <co: 0,3,4,5,6,11,15,17>vote to acquit or convict the impeached official |
| Conviction | Requires a two-thirds supermajority to convict a person being impeached |
| Acquittal | If there is less than a two-thirds majority to convict on any of the articles of impeachment, the accused official is acquitted and remains in office |
| Impeachment trial committees | The Senate began using these committees to streamline impeachment trials, which can otherwise be time-consuming |
| Impeachment trial outcome | The Senate enters judgment on its decision, whether to convict or acquit, and a copy of the judgment is filed with the Secretary of State |
| Impeachment after resignation | The House has been willing to impeach officials after their resignation, and the Senate has been willing to try the official post-resignation |
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What You'll Learn
- The Senate can bar the accused from holding future office
- The Senate can acquit if there is no single charge with a two-thirds majority
- The Senate sits as a High Court of Impeachment
- The House of Representatives charges an official by approving articles of impeachment
- The House of Representatives has sole power to impeach federal officials
The Senate can bar the accused from holding future office
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, Section 2), and 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.
The Senate can bar an individual convicted in a Senate impeachment trial from holding federal office in the future. This can be done with a simple majority vote, which is a lower threshold than the two-thirds supermajority required to convict a person being impeached.
The Senate has, on various occasions, concluded that an official impeached while in office remains subject to trial, conviction, and disqualification even after they leave office. This was the case in 1797, when the Senate continued impeachment proceedings against William Blount even after he had been expelled from office. The Senate also held that it had jurisdiction to try William W. Belknap, who was impeached by the House of Representatives hours after resigning as United States Secretary of War in 1876.
The permissibility of trying a former official was a significant issue in the second impeachment trial of Donald Trump, which began twenty days after his term in office expired.
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The Senate can acquit if there is no single charge with a two-thirds majority
The U.S. Constitution outlines a system of "checks and balances" through the impeachment process, allowing Congress to charge and try federal government officials for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate plays a crucial role in this process.
After the House of Representatives approves articles of impeachment by a simple majority vote, the Senate conducts a trial, serving as a High Court of Impeachment. Senators take an oath to perform their duties honestly and diligently. They hear evidence, witness testimonies, and engage in cross-examinations before deliberating in private.
To convict an impeached official, the Senate requires a two-thirds supermajority vote, meaning at least two-thirds of the senators present must agree on at least one charge. If no single charge commands a "guilty" vote from two-thirds of the senators, the defendant is acquitted, and no punishment is imposed. This threshold ensures that impeachment convictions are not decided by a slim majority, protecting individuals from partisan-driven removals.
In the case of an acquittal, the Senate enters its judgment, and a copy is filed with the Secretary of State. While the impeached official is not removed from office, the Senate can still play a role in shaping public opinion and holding the official accountable through the impeachment process.
It is worth noting that the Senate can also vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding future federal office. This power has been used sparingly, with only three individuals being disqualified in this manner.
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The Senate sits as a High Court of Impeachment
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.
The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State. Upon conviction in the Senate, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office.
The Senate's role as a court of impeachment was a major controversy at the Constitutional Convention. James Madison and Charles Cotesworth Pinckney argued that it would make the president too dependent on the legislative branch. They suggested alternative trial bodies, such as the Supreme Court or the chief justices of the state supreme courts. However, Hamilton and others rebutted that such bodies would be too small and susceptible to corruption. The framers ultimately selected the Senate as the trial forum, with Hamilton arguing that the Senate was the "most fit depository of this important trust".
The Senate has a long history of conducting impeachment trials, including those of Swayne, Harold Louderback, and William W. Belknap, who was tried after resigning from office.
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The House of Representatives charges an official by approving articles of impeachment
The House of Representatives plays a crucial role in the impeachment process, which is a fundamental component of the system of "checks and balances" in the United States Constitution. The House is responsible for initiating impeachment proceedings and charging an official by approving articles of impeachment. Here's how this process works:
The impeachment process typically begins when a lawmaker introduces an impeachment resolution, or when the House passes a resolution authorizing an inquiry. The Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees may also be formed to investigate charges. The committee then decides whether to pursue articles of impeachment against the accused official and presents them to the full House.
For the House of Representatives to approve articles of impeachment, a simple majority vote is required. This means that a majority of the House members present must vote in favor of the articles. If the articles are adopted, the House appoints members to manage the ensuing Senate trial, acting as prosecutors. These managers are typically members of the Judiciary Committee and have always supported the House's impeachment action.
Once the articles of impeachment are approved, the House of Representatives sends them to the Senate, triggering a federal impeachment trial. The Senate then sits as a High Court of Impeachment, considering evidence, hearing witnesses, and ultimately voting to acquit or convict the impeached official. It's important to note that the Senate requires a two-thirds supermajority vote to convict and remove an official from office.
The House of Representatives has initiated impeachment proceedings more than 60 times throughout history, but there have only been 21 impeachments. Of those impeached, eight officials, all federal judges, were found guilty and removed from office by the Senate.
The impeachment process in the United States Constitution holds government officials accountable for wrongdoing, ensuring the system of checks and balances functions as intended.
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The House of Representatives has sole power to impeach federal officials
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, section 2). This means that the House has the authority to initiate impeachment proceedings against federal officials, including the president, vice president, and other civil officers. The House can impeach an official with a simple majority vote, approving and sending articles of impeachment to the Senate.
The impeachment process is a fundamental component of the system of "checks and balances" in the US government. It allows Congress to hold federal officials accountable for misconduct or abuse of power. The specific grounds for impeachment, as outlined in the Constitution, include "Treason, Bribery, or other high Crimes and Misdemeanors." However, the exact definition of "high Crimes and Misdemeanors" has been the subject of debate and interpretation.
Once the House of Representatives impeaches an official, the Senate becomes the sole court for the impeachment trial. Senators act as jurors, hearing evidence and witnessing cross-examinations. A committee of representatives from the House, known as "managers," acts as prosecutors during the trial. The impeached official also has the right to mount a defense with their attorneys.
To convict and remove an official from office, the Senate must vote by a two-thirds majority. This vote sets the penalty for the impeached official, who may also be barred from holding future office. If the Senate fails to reach a two-thirds majority, the official is acquitted and can continue to serve in their position.
The House of Representatives has initiated impeachment proceedings numerous times throughout history, with approximately one-third leading to full impeachments. The Senate has the power to try and convict impeached officials, upholding the system of checks and balances on the executive branch.
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Frequently asked questions
The House of Representatives charges an official of the federal government by approving, by majority vote, articles of impeachment. After the House of Representatives 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.
If there is less than a two-thirds majority to convict on any of the articles of impeachment, the accused official is acquitted and remains in office.
Impeachment is a method of national inquest into the conduct of public men accused of violating the “public trust”. It is a fundamental component of the constitutional system of “checks and balances”.
