Malcolm Rivera
The term civil officers of the United States is not explicitly defined in the US Constitution, but it generally refers to functionaries of the executive or judicial branches of the federal government who are delegated a portion of the country's sovereign power. The President, Vice President, and members of Congress are considered civil officers and are subject to removal from office through impeachment for treason, bribery, or other high crimes and misdemeanors. The eligibility for impeachment extends beyond these roles, but the exact scope is a subject of debate. The interpretation of who qualifies as a civil officer has implications for the application of various constitutional clauses, including the Appointments Clause and the Incompatibility Clause.
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What You'll Learn
Civil office and impeachment
The Constitution of the United States gives Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States from office. The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors. The Constitution does not define the term "civil officers of the United States" or specify who qualifies as one. However, it is assumed that federal judges are included in this term and subject to impeachment.
The process of impeachment allows a legislature to bring charges against an officeholder for alleged misconduct, with the penalty of removal from office. Impeachment can occur at the federal level, as well as at the state, tribal, and local levels of government. In the United States, impeachment proceedings are initiated by the House of Representatives and tried by the Senate.
The question of whether former officials can be impeached has been a subject of debate. While there is historical evidence to suggest that former officials may be subject to conviction and punishment by the Senate for actions taken while in office, the Constitution does not directly address this issue. The Senate has determined that members of Congress (representatives and senators) are not considered "civil officers" for the purposes of impeachment.
The Supreme Court has distinguished between officers, who exercise significant authority, and employees or non-officers who are subordinate to the officers. Principal officers, such as the heads of cabinet-level executive departments, are subject to impeachment, while employees are not.
It is important to note that impeachment is not the only way to remove an official from office. Other methods, such as expulsion or resignation, can also result in the removal of an officeholder.
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Who is a civil officer?
The term "civil officer" is not defined in the US Constitution. However, it is clear that the President, Vice President, and members of Congress are civil officers. This is because they are all subject to impeachment for treason, bribery, or other high crimes and misdemeanors, which is a process outlined in the Constitution that applies to civil officers.
There is some debate as to whether the President should be classified as an officer of the United States, as some argue that the Appointments Clause, which states that officers are appointed by the President, implies that the President themselves cannot be an officer. However, others argue that the original public meaning of "officer" is much broader than modern doctrine assumes, encompassing any government official with responsibility for an ongoing governmental duty, which would include the President.
In addition to the President, Vice President, and members of Congress, federal judges are also considered civil officers, as evidenced by the fact that eleven of the fifteen impeachments reaching trial in the Senate have been directed at federal judges. Other principal officers, such as the head of a cabinet-level executive department, are also considered civil officers.
Civil officers of the United States are entitled to preface their names with the honorific style "the Honorable" for life, although this rarely occurs. It is important to distinguish civil officers from employees of the US government, as employees are not subject to impeachment and are subordinate to officers.
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The President as a civil officer
The President of the United States is considered a civil officer, as per the US Constitution. The Constitution does not define the term "civil officers of the United States", but it is generally understood to refer to functionaries of the executive or judicial branches of the federal government who are delegated a portion of the country's sovereign power.
The President, as the commander-in-chief of the US Army, Navy, and militia, is responsible for executing the office and upholding the Constitution. They are also responsible for granting reprieves and pardons for offences against the United States, except in cases of impeachment. The President is elected for a term of four years and can be removed from office through impeachment for treason, bribery, or other high crimes and misdemeanors.
There has been debate over whether the President should be classified as an officer of the United States, with some arguing that the President's role in appointing officers under the Appointments Clause conflicts with this classification. However, the Colorado Supreme Court ruled in 2023 that the President is an officer, citing Section 3 of the 14th Amendment, which pertains to the disqualification of officers who have engaged in insurrection or rebellion.
The interpretation of the term "civil officer" in the context of impeachment has been a subject of discussion as well. While some argued that impeachment was the exclusive method to remove any officer, others, like Madison, contended that it was intended as a supplementary measure to ensure good behaviour among public officers. The Supreme Court has distinguished between officers who exercise significant authority and employees or non-officers, indicating that civil officers subject to impeachment are likely those with substantial decision-making power.
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The Vice President as a civil officer
The Constitution of the United States does not define the term "civil officers of the United States". However, it is clear that the Vice President is a civil officer.
Article II of the Constitution states that the President, Vice President, and all civil officers of the United States can be removed from office through impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. This section covers any "'civil officer'" in the executive branch, including the Vice President.
The Vice President is chosen by election for a term of four years, similar to the President. Each state appoints electors, who then vote for two people, one of whom must not be from the same state. The person with the most votes becomes Vice President.
In the case of the President's removal from office, death, resignation, or inability to discharge their duties, the Vice President assumes the role of President. The Vice President is also compensated for their services, which cannot be increased or decreased during their term.
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Civil officers and the Appointments Clause
The term "civil officers of the United States" is not defined in the US Constitution, although it may be assumed that not all executive branch employees are "officers". The Appointments Clause, which is part of Article II, Section 2, Clause 2 of the Constitution, grants the President the power to nominate and appoint "Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States". However, this power is not absolute, as the President must act with the Advice and Consent of the Senate.
The Appointments Clause also distinguishes between officers of the United States who must be appointed with the advice and consent of the Senate, and those who may be specified by acts of Congress. In some cases, Congress may place the appointment power in the President alone, in the courts of law, or in the heads of departments. The Appointments Clause was designed to prevent Congress from filling offices with its supporters, thereby undermining the President's control over the executive branch.
The question of who qualifies as an "officer" under the Appointments Clause has been the subject of debate and legal interpretation. In Buckley v. Valeo, the Supreme Court held that only those appointees "exercising significant authority pursuant to the laws of the United States" are "Officers of the United States". This means that only those exercising such "significant authority" must be appointed through the mechanism set out in the Appointments Clause.
The Court has also addressed the distinction between principal officers and inferior officers. While the former are selected by the President with the advice and consent of the Senate, Congress may allow inferior officers to be appointed by the President alone, by the heads of departments, or by the judiciary. The Court has identified certain factors as indicative of inferior officer status, including removability by a higher executive branch official other than the President, and limitations on duties, jurisdiction, and tenure.
Civil officers, including the President and Vice President, can be removed from office through impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
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Frequently asked questions
The term "civil officers of the United States" is not defined in the Constitution. However, it refers to functionaries of the executive or judicial branches of the federal government to whom sovereign power is delegated.
The President, Vice President, federal judges, ambassadors, and other public ministers and consuls are considered civil officers.
There is contention regarding this issue. Some argue that the President is not constitutionally an "officer of the United States" as the people do not vote for officers. However, others disagree, stating that the President qualifies as an officer.
The President, Vice President, and all civil officers can be removed from office through impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
There is no clear answer in the Constitution. However, there is historical evidence supporting the understanding that former officials can be subject to conviction and punishment by the Senate for actions taken while in office.
