Eleanor Finch
The United States Constitution outlines impeachable crimes as treason, bribery, or other high crimes and misdemeanors. The phrase high crimes and misdemeanors is not defined in the Constitution or statute, but it refers to offences against the government or the Constitution, grave abuses of power, violations of the public trust, or other political crimes. The Constitution also mentions maladministration as a ground for impeachment, which can include the wanton dismissal of meritorious officers. The scope of impeachable offences has been a subject of debate, with some arguing for a limitation to criminal behaviour and others asserting that it includes non-criminal abuses of power.
| Characteristics | Values |
|---|---|
| Impeachable crimes | Treason, Bribery, or other High Crimes and Misdemeanors |
| High Crimes and Misdemeanors | Offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes |
| Impeachment procedure | The House of Representatives has the sole power of impeachments while the Senate has the sole power to try impeachments |
| Impeachment scope | Federal government officers (including the President and Vice President) |
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Treason
The inclusion of treason as an impeachable offense in the US Constitution is a result of the English influence on the American impeachment process. The phrase “high crimes and misdemeanors” has its roots in ancient English history, dating back to the impeachment of the Earl of Suffolk in 1388. The Framers of the US Constitution adopted this phrase and linked it with "treason" and "bribery" to indicate the types and seriousness of conduct that would warrant impeachment.
In the context of impeachment, treason refers to a betrayal of trust or breach of duty by a government official. It is considered a serious abuse of power and a violation of the public trust. Treason can take many forms, but ultimately, it involves acting against the best interests of the nation or government. This can include aiding an enemy state, divulging confidential information, or engaging in corrupt practices that undermine the integrity of one's office.
The interpretation of treason as an impeachable offense has evolved over time. In the early days of the US Constitution, treason was understood in a more traditional sense, often involving acts of war or espionage. However, as the complexity of governance increased, the interpretation of treason expanded to include a broader range of actions that were deemed detrimental to the government or society.
It is important to note that the specific definition of treason and the threshold for what constitutes treasonous acts may vary depending on the historical context and the specific laws and interpretations in place at the time of impeachment.
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Bribery
The US Constitution states that the President, Vice President, and all civil officers of the United States shall be removed from office upon impeachment for, and conviction of, "treason, bribery, or other high crimes and misdemeanors". While “treason” is defined in Article III, Section 3, the term "bribery" is not defined in the Constitution or in statute.
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. Impeachment is a political process that is largely unreviewable by the Judicial Branch. The House of Representatives can impeach an official with a simple majority of members present, triggering a federal impeachment trial in the Senate. The Senate can then vote by a two-thirds majority to convict and remove an official from office.
The Constitution gives Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States upon a determination that such officers have engaged in bribery. Federal judges are also subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", including a head of an agency, is a "civil officer of the United States" subject to impeachment.
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Corruption
The US Constitution gives Congress the power to impeach federal officials. 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, and if found guilty, the official is removed from office and may be barred from holding future office.
The Constitution states that 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". While treason and bribery have relatively clear meanings, the phrase "high crimes and misdemeanors" is not defined in the Constitution or in statute law. It has been used in England since at least 1388, when the Earl of Suffolk was impeached, and was adopted by the framers of the US Constitution from English practice.
The exact scope of "high crimes and misdemeanors" has been the subject of much debate, and has been fleshed out over time through the practice of impeachments in the US Congress. It has been used to cover a wide range of offences, including political offences, that are not easily definable by law.
In addition to corruption, other examples of impeachable offences include:
- Violating the Tenure of Office Act (President Andrew Johnson, 1868)
- Providing false information on federal income tax forms (Judge Harry E. Claiborne, 1986)
- Abuse of power (Governor-General of India, Warren Hastings, 1787)
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Abuse of power
The US Constitution does not provide an exhaustive list of impeachable offences, but Article II, Section 4 mentions "treason, bribery, or other high crimes and misdemeanours". The exact meaning of "high crimes and misdemeanours" is not defined in the Constitution or in statute, but it is understood to refer to political offences that are complex and varied in nature, and not easily definable by law.
Impeachment is a tool that has been used to address abuses of power by government officials. This includes instances where officials have used their office for improper or personal gain, or have conducted themselves in a manner incompatible with the purpose and function of their office.
The impeachment process in the US was influenced by British parliamentary practice, which involved holding the king's ministers accountable for their public actions. The Framers of the US Constitution were concerned about the potential abuse of executive power and included impeachment in Article I as a way to keep the executive in check.
In recent years, there have been debates about what constitutes an impeachable offence in the context of presidential conduct. For example, during the impeachment proceedings of President Donald Trump, there were disagreements over whether his political statements at a rally were protected by the First Amendment or if they constituted an impeachable offence. The House managers argued that impeachment does not seek to punish unlawful speech but rather to protect the nation from a President who violated his oath of office and abused the public trust.
Another example of an impeachment investigation involving abuse of power is the case of President Andrew Johnson, who was impeached in 1868 for violating the Tenure of Office Act. This act prohibited the President from dismissing certain government officials without the Senate's consent, and Johnson was accused of violating this law by removing the Secretary of War without Senate approval.
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Misuse of office for personal gain
The US Constitution does not explicitly define what constitutes an impeachable offence, but it does outline that the President, Vice President, and all civil officers of the United States can be impeached for "treason, bribery, or other high crimes and misdemeanors". The exact meaning of "high crimes and misdemeanors" is not defined in the Constitution, but it has been used in England since 1388, when the Earl of Suffolk was impeached.
Impeachment is a political process that has been used to address a range of offences, including those that are purely political and not easily definable by law. Misuse of office for personal gain falls under this category of offences. This involves an official abusing their position and power for their own benefit or for the benefit of those close to them.
For example, an employee of the Securities and Exchange Commission (SEC) used their position to benefit a relative. They called the manufacturer of a household appliance to pursue a relative's consumer complaint, and in the conversation, they stated that they worked for the SEC and were responsible for reviewing the company's filings. This is an example of invoking official authority to influence action and benefit a relative, which is prohibited.
Another example is an employee of the Department of Commerce who used their position to benefit a friend. The friend asked why their firm had not received an export license from the Department. The employee then raised this issue at a department-level staff meeting as a matter for official inquiry and requested that the license be expedited. This is an instance of an employee using their official duties to give preferential treatment to a friend, which is prohibited.
To prevent the misuse of office for personal gain, employees are expected to use official time and resources for official business only. They are prohibited from using their position or authority to induce or coerce benefits from others, including subordinates. Additionally, they are restricted from using non-public information for personal financial transactions or to further their private interests or those of another.
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Frequently asked questions
The US Constitution mentions "treason, bribery, or other high crimes and misdemeanors" as impeachable offences.
The phrase "high crimes and misdemeanors" is not defined in the Constitution. It is an ancient term, first used in England in 1388, and has been interpreted differently over time. It generally refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes.
The phrase was adopted from English practice, where impeachment was used to address conduct that damaged the state or subverted the government. The Framers of the US Constitution aimed to narrow the scope of impeachable offences compared to English practice.
The First Congress's "removal" debate suggested that the wanton dismissal of meritorious officers could be an act of maladministration, which would be grounds for impeachment.
Yes, in 1868, President Andrew Johnson was impeached for violating the Tenure of Office Act. In 1986, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms.
