Malcolm Rivera
Impeachment is a process that allows a legislature to bring charges against a government official for misconduct, which can result in their removal from office. The impeachment process is distinct from country to country, with some involving the courts, while others do not. In the United States, impeachment is a political process that can be carried out at the federal, state, or local level of government. The US Constitution grants the House of Representatives the sole power of impeachment, while the Senate has the sole power to try impeachments. The grounds for impeachment in the US Constitution are treason, bribery, or other high crimes and misdemeanors, though the latter phrase has been left open to interpretation.
| Characteristics | Values |
|---|---|
| Nature of impeachment | Remedial, not punitive |
| Who can be impeached? | The President, Vice President, federal judges, and all civil officers of the United States |
| Grounds for impeachment | Treason, Bribery, or other high crimes and misdemeanors |
| Who can impeach? | The House of Representatives |
| Who tries impeachments? | The Senate |
| Vote required for conviction | Two-thirds majority |
| Penalty for an impeached official | Removal from office, disqualification from holding future office |
| Impeachment proceedings | Allowed even after the officer resigns or their term ends |
| Impeachment trial | Nonjusticiable, not reviewable by the courts |
| Number of times an individual may be impeached | No limit |
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What You'll Learn
Who can be impeached?
In the United States, impeachment is a process that can be applied to the President, Vice President, and all civil officers. Federal judges are also subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", including a head of an agency such as a secretary, administrator, or commissioner, is a "civil officer of the United States" subject to impeachment. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments.
Impeachment is a fundamental component of the system of "checks and balances" and is intended to "effectively 'maintain constitutional government' by removing individuals unfit for office". It is a remedial rather than penal process, and those impeached remain "liable and subject to Indictment, Trial, Judgment and Punishment, according to Law".
The grounds for impeachment are limited to "Treason, Bribery, or other high Crimes and Misdemeanors", although the exact definition of "high crimes and misdemeanors" is not defined in the Constitution and has been debated and fleshed out over time. These may include offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes.
In most state legislatures, impeachment can also be applied to state officials, including the governor, in accordance with their respective state constitutions. Impeachment is also a practice of other government bodies, such as tribal governments and local governments.
In other countries, impeachment tends to be confined to ministerial officials, as they may be beyond the reach of the law to prosecute, or their misconduct may not be codified as an offense except through the unique expectations of their high office. However, both "peers and commoners" have been subject to impeachment in various countries.
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Grounds for impeachment
Impeachment is a process that can be used to remove government officials from office for alleged misconduct. It is a feature of the constitutions of many countries, including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States.
In the United States, impeachment is a remedial rather than penal process, intended to "effectively 'maintain constitutional government' by removing individuals unfit for office". The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The President, Vice President, and all civil officers of the United States are subject to impeachment.
The Constitution limits the grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not define "high crimes and misdemeanors". This phrase refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offences. The meaning of "high crimes and misdemeanors" has been fleshed out over time through the practice of impeachments in the United States Congress.
Impeachment is generally reserved for those deemed to have committed serious abuses of their office. For example, in 2016, the Chamber of Deputies in Brazil initiated an impeachment case against President Dilma Rousseff on allegations of budgetary mismanagement, a crime of responsibility under the Constitution. 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.
In addition to the federal level, impeachment may also occur at the state level in the United States if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including the governor. Impeachment might also occur with tribal governments as well as at the local level of government.
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Impeachment procedure
Impeachment is a process that may result in the removal of an officeholder from their position. It is a feature of the constitutions of many countries, including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States.
In the United States, impeachment is a remedial process intended to "effectively 'maintain constitutional government' by removing individuals unfit for office". The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The House of Representatives may bring charges against an officeholder for misconduct, treason, bribery, or other "high crimes and misdemeanors". If a simple majority of the House members present vote in favour of impeachment, the official is impeached. The Senate then sits as a High Court of Impeachment, where a committee of representatives acts as prosecutors and presents the case to the Senate. The Senate hears evidence and witnesses, and a two-thirds majority vote is required to convict and remove an official from office. The Senate may also bar an individual from holding future federal office with a simple majority vote.
Impeachment is generally reserved for serious abuses of office, as it involves a departure from normal constitutional procedures. It is a unique political process, largely unchecked by the judiciary, and the validity of an impeachment trial is a nonjusticiable political question.
In Brazil, impeachment refers to the definitive removal from office. The president may be provisionally removed from office by the Chamber of Deputies and then tried and definitively removed by the Federal Senate. Two-thirds of both the Deputies and senators must vote in favour of impeachment for this process to take place.
In Europe and Latin America, impeachment is usually confined to ministerial officials, as they may be beyond the reach of the law or their misconduct may not be codified as an offence. From 1990 to 2020, there were at least 272 impeachment charges against 132 different heads of state in 63 countries.
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Impeachment outside the US
Impeachment is a process that can be used to bring charges against a government official for wrongdoing. The official may then be removed from office. While impeachment is a feature of the US Constitution, it is also a concept that exists outside of the US.
In the US, impeachment is a power granted to Congress by the Constitution. Congress has the power to impeach federal officials, including the President, Vice President, and all Civil Officers. The House of Representatives brings articles of impeachment, which are then tried by the Senate.
Outside of the US, impeachment has been used in other countries and jurisdictions as a way to hold government officials accountable. Here are some examples:
Brazil
In Brazil, impeachment is a power granted to the National Congress by the Constitution. The process is similar to that of the US, with the lower house of Congress initiating impeachment proceedings and the Senate trying the accused. In 2016, President Dilma Rousseff was impeached and removed from office for allegedly manipulating government finances.
South Korea
South Korea's Constitution outlines impeachment as a power of the National Assembly. The process involves the National Assembly's impeachment proposal being adjudicated by the Constitutional Court, which decides whether to uphold or overturn the impeachment. In 2004, President Roh Moo-hyun was impeached by the National Assembly but was later reinstated when the Constitutional Court overturned the decision.
International Criminal Court
The International Criminal Court (ICC) has a process similar to impeachment called "removal from office". The Assembly of States Parties, which oversees the ICC, can remove judges, the prosecutor, and deputy prosecutors for "misconduct or incapacity". This process has been used to remove judges who were unable to perform their duties effectively.
Philippines
The Philippines has a unique process called "impeachment by omission", where an official can be removed from office if they are not included in an annual list of officials who still enjoy the trust and confidence of the President. This process has been used to remove Supreme Court Chief Justices and other high-ranking officials.
In summary, while impeachment is a specific process outlined in the US Constitution, other countries and jurisdictions have also adopted similar mechanisms for holding government officials accountable for wrongdoing or misconduct. These processes can vary in structure and implementation but ultimately serve the purpose of upholding standards in public office.
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History of impeachment
The practice of impeachment originated in England and was later used by many American colonial and state governments. It evolved from the 14th century as a way for Parliament to hold the king's ministers accountable for their public actions.
In the United States, impeachment is a remedial rather than penal process intended to "effectively 'maintain constitutional government' by removing individuals unfit for office". It is a fundamental component of the system of "checks and balances". The Constitution gives the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A two-thirds majority is required to convict and remove an official from office.
Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including governors and judicial officers. The court for the trial of impeachments may differ from the federal model. For example, in New York, the Assembly impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals sit with the senators as jurors.
At least eleven US state governors have faced an impeachment trial. Several others have resigned rather than face impeachment.
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Frequently asked questions
Impeachment is a process by which a legislature may bring charges against an officeholder for misconduct. It is a remedial process intended to maintain constitutional government by removing individuals unfit for office.
The US Constitution states that the President, Vice President, and all civil officers of the United States can be impeached. Federal judges are also subject to impeachment.
The Constitution limits the grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors". The exact definition of "high crimes and misdemeanors" is not defined in the Constitution and has been fleshed out over time.
The House of Representatives has the sole power of impeachment. The Senate has the sole power to try impeachments and vote to convict or acquit the impeached official.
If the House impeaches an official with a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial. If found guilty, the official is removed from office and may be barred from holding future office.
