Omar Bennett
Impeachment is a process by which a legislative body or legally constituted tribunal initiates charges against a public official for misconduct. In the United States, impeachment at the federal level is limited to those who may have committed treason, bribery, or other high crimes and misdemeanors. The latter phrase refers to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offenses. The impeachment power exists at the far margins of American constitutionalism, and while the types of conduct constituting treason and bribery are relatively well-understood, the meaning of high crimes and misdemeanors is not defined in the Constitution or statute.
| Characteristics | Values |
|---|---|
| Impeachable offenses | Treason, Bribery, or other High Crimes and Misdemeanors |
| Who can be impeached? | President, Vice President, and all civil Officers of the United States |
| Who has the power of impeachment? | House of Representatives |
| Who has the power to try impeachments? | Senate |
| What is the purpose of impeachment? | To maintain constitutional government by removing individuals unfit for office |
| What is the impeachment process based on? | Political and legal elements |
| What are the factors that discourage Congress from abusing impeachment power? | House and Senate precedents, substantive content to the scope of impeachable offenses, procedural barriers for removing government officers |
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What You'll Learn
Treason, bribery, or other high crimes and misdemeanors
The United States Constitution outlines that the President, Vice President, and all civil officers can be impeached and removed from office for "treason, bribery, or other high crimes and misdemeanors". The meaning of "high crimes and misdemeanors" is not defined in the Constitution or statute, and its interpretation is informed by the history of congressional impeachments.
Treason is defined in the Constitution as "levying war" against the United States or "giving aid and comfort" to its enemies. Bribery, while not explicitly defined in the Constitution, is a federal criminal offense and is also well covered by statute. The inclusion of "bribery" in the grounds for impeachment highlights the framers' intention to address abuses and crimes committed by government officials.
The phrase "high crimes and misdemeanors" has its origins in ancient English history, dating back to the impeachment of the Earl of Suffolk in 1388. In the context of impeachment, it refers to offenses against the government or the Constitution, grave abuses of power, violations of the public trust, or other political crimes. It is an open-ended phrase that allows for flexibility in addressing unanticipated bad behavior by government officials.
The process of impeachment serves as a constitutional remedy to address serious offenses and maintain constitutional government. It is a unique process involving both political and legal elements, with the House of Representatives holding the power of impeachment and the Senate responsible for trying impeachments. The purpose of impeachment is not punishment but rather the removal of individuals unfit for office, emphasizing the constitutional principle of separation of powers.
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Impeachment as a political process
Impeachment is a process that involves both political and legal elements. It is a constitutional remedy to address serious offences against the system of government. While it is not meant to be punitive, it serves as a mechanism to maintain constitutional government by removing individuals unfit for office.
In the United States, impeachment is a political process that is largely unreviewable by the Judicial Branch. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments, meaning they can acquit or convict. The validity of an impeachment trial is a nonjusticiable political question, meaning it is not reviewable by the courts. The historical practice of impeachment proceedings, rather than judicial decisions, informs the understanding of the Constitution's meaning in this area.
The grounds for impeachment in the US are "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 or in statute. It refers to offences against the government or the Constitution, grave abuses of power, violations of the public trust, or other political crimes, even if they are not indictable criminal offences.
The broader the category of impeachable offences is understood to be, the easier it is for political disagreements to become grounds for impeachment investigations. This can undermine the independence of the separate branches of government. The impeachment power exists at the far margins of American constitutionalism, and most members of Congress are unwilling to use it if it can be avoided.
In Europe and Latin America, impeachment tends to be confined to ministerial officials, as their unique positions may place them beyond the reach of the law or their misconduct may not be codified into law as an offence.
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Impeachment of civil officers
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. The House of Representatives has the sole power of impeachments, while the Senate has the sole power to try impeachments. 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 treason, bribery, or other high crimes and misdemeanors. The Constitution does not define who qualifies as a "civil officer," and the term "high crimes and misdemeanors" is also not defined.
The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood terms, "high crimes and misdemeanors" is an undefined and indefinite phrase. This phrase refers to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes. The purpose of impeachment is not punishment, but rather to maintain constitutional government by removing individuals unfit for office.
Impeachment is a political process that is largely unreviewable by the Judicial Branch. It is a unique process involving both political and legal elements. The process of impeachment evolved from a similar practice in Britain, where it was used as a way for Parliament to hold the king's ministers accountable for their public actions.
In addition to the President, Vice President, and civil officers, federal judges are also subject to impeachment. Supreme Court Justices are triable by the Senate on impeachment by the House. Federal judges are assumed to be included in the term "civil officers," and eleven of the fifteen impeachments reaching trial in the Senate have been directed at federal judges. Outside of the 15 federal judges impeached by the House, three Presidents, two cabinet secretaries, and a U.S. Senator have also been impeached.
The power of impeachment can both remove someone from office and disqualify an impeached individual from holding future office. Fines and potential jail time for crimes committed while in office are left to civil courts.
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Historical practice of impeachment
The historical practice of impeachment in the United States has its roots in English common law. In England, impeachment originated in the 14th century as a means of initiating criminal proceedings based on "clamour," or public outcry. The Good Parliament of 1376 produced the first recognised cases of impeachment, with the most important being that of William, 4th Baron Latimer, a close associate of King Edward III.
Impeachment was brought over from England by several of the original Thirteen Colonies, where it was used to try non-officeholders and give criminal penalties. However, in practice, the colonies primarily limited their impeachments to officeholders, with most charges related to misconduct in office. The colonies followed a similar process to modern impeachment practice, with an impeachment vote followed by an impeachment trial.
In the United States, the impeachment process has rarely been employed, largely due to its cumbersome nature. It can be a lengthy process, involving thousands of pages of testimony and navigating conflicting political pressures. The Framers of the Constitution addressed what actions and behaviours constituted grounds for impeachment, with treason and bribery considered the most pressing examples. George Mason of Virginia believed that numerous other punishable offences against the state also warranted impeachment. As a result, the Constitution includes "other high Crimes and Misdemeanors" in addition to treason and bribery as grounds for impeachment.
The House of Representatives has the sole power to impeach federal officials, and the Senate is the sole court for impeachment trials. The House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator. Of those impeached, only eight officials were found guilty by the Senate and removed from office, all of whom were federal judges. Additionally, state legislatures can impeach state officials, including governors, and local governments may also have impeachment procedures.
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Misconduct and maladministration
The US Constitution provides that the grounds of impeachment are for "treason, bribery, or other high crimes and misdemeanors". While the types of conduct constituting treason and bribery are well-understood, the meaning of "high crimes and misdemeanors" is not defined in the Constitution or in statute. This phrase has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388.
The ambiguity of "high crimes and misdemeanors" has led to debate over the scope of impeachable offenses. Some have argued that it should be limited to criminal behavior, while others, such as Gerald Ford, have suggested that impeachable offenses are whatever a majority of the House considers them to be. The broader the category of impeachable offenses, the easier it is for political disagreements to become grounds for impeachment investigations.
Historically, impeachment proceedings, rather than judicial decisions, have informed the understanding of "high crimes and misdemeanors". This phrase has been interpreted to refer to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes.
In the context of misconduct and maladministration, impeachment may be understood as a constitutional remedy to address serious offenses against the system of government. It is a unique process involving both political and legal elements. Impeachment is not intended as a punishment but as a means to maintain constitutional government by removing individuals unfit for office.
In the First Congress's "removal" debate, Madison maintained that the wanton dismissal of meritorious officers would be an act of maladministration that would render the President subject to impeachment. This suggests that misconduct and maladministration can be grounds for impeachment, particularly when they involve abuses of power or violations of the public trust.
Ultimately, the decision to impeach rests with the House of Representatives, which must persuade a majority of its members and two-thirds of the Senate that an act is so serious as to justify removal from office.
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Frequently asked questions
The US Constitution states that impeachment is reserved for cases of "treason, bribery, or other high crimes and misdemeanors". "High crimes and misdemeanors" refer to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes.
The US Constitution limits impeachment at the federal level to those who may have committed the aforementioned crimes. This includes the President, Vice President, and all civil officers of the United States.
The purpose of impeachment is to maintain constitutional government by removing individuals unfit for office. It is a remedial rather than penal process, and those who are impeached remain liable and subject to indictment, trial, judgment, and punishment.
