Malcolm Rivera
The United States 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 the term high crimes and misdemeanors has been used in British law for centuries, its definition in the context of the US Constitution has been ambiguous and subject to interpretation. The understanding of this phrase has evolved through historical context, American legal history, and the intentions of the founding generation. High crimes and misdemeanors are generally considered to encompass a broad range of activities, including violations of public trust and impediments to a constitutional officer's ability to execute their duties. The interpretation of this phrase has played a significant role in impeachment processes, such as those involving President Andrew Johnson in 1868 and President Bill Clinton in 1999.
| Characteristics | Values |
|---|---|
| Definition | "Lesser" criminal acts in some common law legal systems |
| Punishment | Prison time of no longer than one year, monetary fines, or community service |
| Relationship to felonies | Less severe punishment than felonies, but more severe than administrative infractions |
| Repeat offenders | May be charged with a felony offense |
| Civil rights | Misdemeanors usually do not result in the restriction of civil rights |
| Loss of privileges | May result in loss of privileges, such as professional licenses, public offices, or public employment |
| Impeachment | "High crimes and misdemeanors" is a reason for impeachment, but the definition is ambiguous and subject to interpretation |
| 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, etc. |
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What You'll Learn
'High crimes and misdemeanors'
The United States 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 the term "high crimes and misdemeanors" has been used in British law for centuries, its definition in the context of the US Constitution has been ambiguous.
The phrase "high crimes and misdemeanors" is considered a "term of art," similar to other constitutional phrases like "levying war" and "due process." It is not limited to actual crimes but extends to abuses or violations of public trust in carrying out official duties. The definition of what constitutes "high crimes and misdemeanors" for impeachment purposes is left to the judgment of Congress.
Historically, impeachment has been used for acts that impede a constitutional officer's capacity to execute their duties or grossly violate public trust. Examples of such acts include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, and income tax evasion. The process of impeachment is complex and designed to balance against removing officials from office for minor reasons.
The original meaning and scope of the term "high Crimes and Misdemeanors" in the Constitution have been the subject of debate and interpretation. Some scholars argue that the power of impeachment is extraordinarily broad, giving Congress substantial discretion to judge what constitutes misconduct warranting removal from office. Others suggest that determining the precise meaning of "high misdemeanors" is impractical, and that the grounds for impeachment should be worked out on a case-by-case basis.
In conclusion, "high crimes and misdemeanors" in the context of the US Constitution refers to a broad range of activities that violate public trust or impede an official's ability to perform their duties. The interpretation of this phrase has evolved over time, and its specific definition is left to the judgment of Congress during impeachment proceedings.
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Impeachment
The United States 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." The definition of "high crimes and misdemeanors" has long been ambiguous, with the framers of the Constitution not providing an extended explanation. However, through an analysis of historical context, it can be understood that impeachment is a process that exists to protect the public and encourage those with political power to uphold the high responsibilities of their office.
The interpretation of "high crimes and misdemeanors" is left to the judgment of Congress, and it is their responsibility to determine when an officeholder's actions warrant impeachment. This interpretation has been the subject of debate, with some scholars arguing that the grounds for impeachment should be determined on a case-by-case basis due to the inherent political nature of the process.
The power of impeachment is not limited to specific crimes but extends to abuses or violations of public trust in carrying out official duties. It is not confined to criminal acts but can include misconduct that is sufficiently wrongful to warrant removal from office. The original intent of the impeachment power was to provide a mechanism for the regular punishment of executives when their conduct deserved it and for their honorable acquittal when unjustly accused.
In conclusion, impeachment in the context of the Constitution is a process by which public officials, including the President and Vice President, can be removed from office for "high crimes and misdemeanors." This phrase has been interpreted broadly to include a range of offenses and abuses of power that violate the public trust. The impeachment process is complex and influenced by political and moral principles, with the ultimate goal of protecting the public and upholding the integrity of public office.
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Misdemeanors vs felonies
In the United States, crimes are classified as either misdemeanors or felonies based on their seriousness. A misdemeanor is a "lesser" criminal act, generally considered less serious than a felony. Misdemeanors are typically non-violent crimes, such as shoplifting, reckless driving, simple assault, or drug possession. They are often punished with short jail sentences (less than a year), fines, or community service.
Felonies, on the other hand, are the most serious crimes, including murder, rape, burglary, kidnapping, and arson. They carry much longer prison sentences, higher fines, and potentially permanent loss of freedom and civil rights.
The classification of a crime as a misdemeanor or felony can vary between states. For example, a crime considered a misdemeanor in one state might be a felony in another, especially regarding drug laws. Additionally, some crimes can be prosecuted as either misdemeanors or felonies, depending on the circumstances and aggravating factors, such as whether a weapon was used.
In the context of the United States Constitution, the phrase "high crimes and misdemeanors" is used regarding impeachment. While the exact definition is ambiguous, it generally refers to acts by public officials that impede their constitutional duties or violate public trust.
In other legal systems, such as the UK and Australia, the distinction between felonies and misdemeanors has been abolished, and different classification systems are used.
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Misdemeanors in other jurisdictions
In the United States, misdemeanours are considered ""lesser" criminal acts, which are generally punished less severely than felonies. Typically, misdemeanours are punished with prison sentences of no longer than one year, monetary fines, or community service. However, the distinction between felonies and misdemeanours has been abolished in several common law jurisdictions, including the UK and Australia.
In the Commonwealth nations of Australia, Canada, New Zealand, and the United Kingdom, crimes are divided into summary offences and indictable offences. The Republic of Ireland, a former member of the Commonwealth, also follows this classification system. In these jurisdictions, those convicted of a misdemeanour are known as misdemeanants, while those convicted of a felony are called felons.
In Singapore, defendants found guilty of misdemeanours are typically given a jail sentence of a few months. However, certain specific crimes, such as vandalism, may result in a harsher sentence, including a fine, imprisonment, and corporal punishment.
Some states in the US, such as Massachusetts and Pennsylvania, are exceptions to the standard punishment for misdemeanours. In Massachusetts, the maximum punishment for some misdemeanours is up to 2.5 years' imprisonment, while in Pennsylvania, first-degree misdemeanours can result in up to five years' imprisonment.
The classification of offences as misdemeanours or felonies can vary depending on the jurisdiction. For example, indecent exposure might typically be classified as a misdemeanour, but it can be charged as a felony when committed in front of a minor. Similarly, spousal assault may be considered a misdemeanour the first time it occurs but can become a felony upon repeat offences. The classification of offences can also depend on factors such as the amount of damages, the status of the victim, and the evidence of aggravated behaviour.
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Historical context
The concept of impeachment was used by the British Parliament as early as 1376, as a legislative safeguard against overreach by the aristocracy. The phrase "high crimes and misdemeanors" was a common phrase when the U.S. Constitution was written and did not require any stringent criteria for determining guilt. The phrase was used to cover a broad range of crimes.
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the U.S. Constitution, which 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." The definition of what constitutes "high crimes and misdemeanors" has long been a subject of ambiguity, with the understanding that it entails a broad range of activities.
The original meaning of the phrase is a subject of debate, with some arguing that it refers to the objective, original meaning of the text in its social, political, and linguistic context. Others argue that it is a technical term with a specific legal meaning. The term ""high crimes" refers to activities by or against those who have special duties acquired by taking an oath of office, which is not shared with ordinary persons. "High crimes" can only be committed by someone in a unique position of authority.
Historically, impeachment has turned on acts that impeded a constitutional officer's capacity to execute their duties or grossly violated public trust. The Founding Fathers received their legal education as colonists in the British Empire, and their law books were predominantly English. During the 18th century, offenses against the British Crown were labelled interchangeably as misdemeanors, offenses, contempts, and crimes.
The interpretation of "high crimes and misdemeanors" has evolved over time, with the process of impeachment being inherently political. Constitutional scholars recommend examining historical evidence and the context of eighteenth-century jurisprudence to understand the original meaning of the phrase.
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Frequently asked questions
A misdemeanor is a "'lesser' criminal act" in some common law legal systems. Misdemeanors are generally punished less severely than felonies, but more so than administrative infractions. In the US, misdemeanors are usually punished with prison time of no longer than a year, fines, or community service.
Examples of misdemeanors include petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, shoplifting, reckless driving, indecent exposure, forcible touching, and possession of cannabis for personal use.
"High crimes and misdemeanors" is a term used in the US Constitution to describe grounds for the impeachment of officials, including the President, Vice President, and other civil officers. The definition of what constitutes a "high crime and misdemeanor" is left to interpretation and has been a subject of ambiguity.
Examples of "high crimes and misdemeanors" include misappropriating government funds, appointing unfit subordinates, threatening a grand jury, disobeying an order from Parliament, and income tax evasion.
The process of impeachment involves the House of Representatives and conviction in the Senate. The complexity of the process is intended to balance against efforts to remove officials from office for minor reasons.
