Jonah Patel
The U.S. Constitution states that the President, Vice President, and civil officers can be impeached for treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood, the phrase high crimes and misdemeanors has no legal definition and has been the subject of debate and interpretation for hundreds of years. The phrase first appeared in English Parliament in 1386 and was later adopted by the U.S. Constitution, where it has been used as grounds for impeachment, indicating serious offenses or a violation of public trust.
| Characteristics | Values |
|---|---|
| Impeachment | The House of Representatives holds the power to impeach a President, Vice President, federal judge, or any other civil officer of the United States |
| Grounds for impeachment | Treason, bribery, or other high crimes and misdemeanors |
| High crimes and misdemeanors | Not limited to actual crimes but extend to an abuse or violation of the public trust in carrying out constitutional duties |
| Historical usage | The term has been used by the British Parliament as early as 1376, and was used by the English Parliament since 1386 |
| Examples | Misappropriating government funds, appointing unfit subordinates, not prosecuting cases, promoting oneself ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to prevent him from running for Parliament, helping "suppress petitions to the King to call a Parliament", income tax evasion, etc. |
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What You'll Learn
'High crimes and misdemeanors' is a term of art
The term "high crimes and misdemeanors" is a phrase that appears in Article II, Section 4 of the U.S. Constitution, which outlines the grounds for impeaching the President, Vice President, and other civil officers. While the Constitution does not provide a specific definition for "high crimes and misdemeanors," it is considered a "term of art" with a broad and evolving meaning.
The phrase has its origins in British parliamentary history, dating back to 1376, and was used by the English Parliament as grounds for impeaching officials of the crown since 1386. The term was adopted by the American colonies and included in their state constitutions, eventually finding its way into the U.S. Constitution.
The lack of a precise definition for "high crimes and misdemeanors" allows for flexibility and interpretation. It is generally understood to refer to serious offenses or misconduct that violate the public trust and compromise an official's ability to continue serving. This can include a broad range of activities, such as misappropriating government funds, appointing unfit subordinates, threatening a grand jury, or even income tax evasion.
The interpretation of "high crimes and misdemeanors" has been a subject of debate among legal scholars. Some argue that it should be narrowly defined to include only the most serious offenses, while others suggest that it can be interpreted by the House of Representatives based on the specific circumstances and historical context. The process of impeachment is a political and moral judgment rather than a strictly legal one, designed to protect the public and uphold the principles of constitutional democracy.
In conclusion, the term "high crimes and misdemeanors" is a "term of art" that plays a crucial role in the impeachment process outlined in the U.S. Constitution. Its ambiguous nature allows for flexibility in addressing a wide range of misconduct by public officials, ensuring that those who violate the public trust can be held accountable.
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Bribery and treason are also impeachable offences
The U.S. Constitution outlines that the President, Vice President, and all civil officers can be impeached for "treason, bribery, or other high crimes and misdemeanors". While the meaning of "high crimes and misdemeanors" is not explicitly defined in the Constitution, it is generally understood to refer to serious offences.
Bribery and treason are considered impeachable offences, and the types of conduct constituting these crimes are relatively well-understood. Bribery of public officials and witnesses is a federal criminal offence, as established by the Act of April 30, 1790. Treason against the United States is defined as "levying war against them, or in adhering to their enemies, giving them aid and comfort".
The process of impeachment is a political one, largely unreviewable by the Judicial Branch. The historical practice of impeachment proceedings informs the understanding of the Constitution in this area. The term "high crimes and misdemeanors" was intended to set an extraordinarily high standard for impeachment, ensuring that only the most serious offences are considered.
The power of impeachment is necessary to hold government officials accountable and remove them from office if they abuse their power, conduct themselves inappropriately, or misuse their office for personal gain. The interpretation of "high crimes and misdemeanors" is left to the House of Representatives, allowing for flexibility in addressing various offences that may not be easily defined by law.
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The definition has been evolving for hundreds of years
The definition of "high crimes and misdemeanors" has indeed been evolving for hundreds of years, dating back to its use in British law before the American Revolution. The phrase was first used by English Parliament in 1386 as grounds for impeaching officials of the crown, and was later adopted by the US Constitution.
The US Constitution establishes 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 are relatively clear, the ambiguity of "high crimes and misdemeanors" has been a subject of debate for centuries.
The Founding Fathers debated the phrase and settled on this formulation to prohibit Congress from impeaching officers for any reason and to safeguard the separation of powers. The phrase was chosen to signify only conduct that seriously harms the public and seriously compromises the officer's ability to continue.
Despite this intention, the interpretation of "high crimes and misdemeanors" has evolved over time. For example, in 1799, William Blount was accused of working with the British to profit from a proposed invasion of Florida and Louisiana, indicating that an officer could be impeached for conduct unrelated to their role in government. In 1912, Judge Robert W. Archbald was impeached for using his office to receive financial gains, and in 1936, Judge Halstead L. Ritter's case concluded that income tax evasion constituted grounds for impeachment.
The interpretation of "high crimes and misdemeanors" continues to evolve with each impeachment case, and constitutional scholars recommend studying the historical context and the specific duties and scope of public trust associated with each constitutional office to determine when an officeholder has committed an act warranting impeachment.
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It includes acts that impede an officer's duties
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the U.S. Constitution, which outlines the grounds for impeaching the President, Vice President, and other civil officers. While the Constitution does not define "high crimes and misdemeanors", it is generally understood to refer to serious offences that impede an officer's duties or violate the public trust.
The interpretation of "high crimes and misdemeanors" has evolved over time, and there is no single, definitive definition. However, it is clear that it extends beyond just criminal acts and can include a broad range of activities that hinder an officer's ability to execute their duties effectively. This could include acts such as corruption, abuse of power, or other forms of misconduct that fall short of criminal behaviour but still significantly impact the officer's ability to serve the public.
The impeachment of President Andrew Johnson in 1868 is a notable example of "high crimes and misdemeanors." Johnson was accused of violating the Tenure of Office Act by removing the Secretary of War, Edwin M. Stanton, and replacing him with John Schofield. This action was seen as an abuse of power and an impediment to the proper functioning of government, even though it may not have constituted a criminal offence.
Another example is the impeachment of President Donald Trump in 2019, which was based on accusations of abusing the power of his office and obstructing Congress's investigation into his dealings with Ukraine. These actions were deemed to fall under the category of "high crimes and misdemeanors" and led to his impeachment, demonstrating how acts that impede an officer's duties can be grounds for removal from office.
It's important to note that the interpretation of "high crimes and misdemeanors" is not limited to a strict legal definition but also considers political and moral principles. The impeachment process exists to protect the public and hold those in power accountable to the high standards of their office, ensuring that they act in the best interests of the nation.
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It also includes acts that violate public trust
The U.S. 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 well-understood terms, the phrase "high crimes and misdemeanors" is not defined in the Constitution, leaving room for interpretation.
The concept of impeachment dates back to as early as 1376 in British Parliament, and the phrase "high crimes and misdemeanors" was used by the English Parliament since 1386. The phrase was adopted by the American colonies and included in the U.S. Constitution, but its precise meaning has been debated and evolved over the years.
"High crimes and misdemeanors" generally refer to serious offenses or misconduct that violate public trust. It includes acts that impede a constitutional officer's ability to execute their duties or grossly violate public trust. For example, an official can be impeached for misappropriating government funds, appointing unfit subordinates, threatening a grand jury, or engaging in self-promotion ahead of more deserving candidates.
The interpretation of "high crimes and misdemeanors" is not limited to specific crimes but extends to the abuse or violation of public trust in carrying out official duties. The impeachment process serves to remove officials who have forfeited their right to serve, protecting the public, and encouraging others to act in accordance with their high public responsibilities.
In conclusion, "high crimes" according to the Constitution encompass acts that violate public trust, and the interpretation of this phrase has been shaped by historical impeachments and the specific duties associated with each constitutional office.
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Frequently asked questions
The US Constitution does not define "high crimes and misdemeanors". The phrase is considered a “term of art”, and its meaning has been evolving for hundreds of years. Generally, it refers to serious offences that are not easily definable by law, such as misappropriating government funds, appointing unfit subordinates, threatening a grand jury, or tax evasion.
Yes, the US 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."
Yes, President Andrew Johnson was impeached in 1868 for violating the Tenure of Office Act. President Donald Trump was also impeached in 2020 for abusing the power of his office and obstructing Congress's investigation into his relationship with Ukraine.
