Isabella Carter
The impeachment process is a fundamental component of the system of checks and balances. The United States Constitution grants the House of Representatives the sole power to impeach federal officials and makes the Senate the sole court for impeachment trials. The House of Representatives brings articles of impeachment against an official, which are then sent to the Senate, who sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the official. The president, vice president, and all civil officers of the United States are subject to impeachment for treason, bribery, or other high crimes and misdemeanors. The process typically involves an impeachment inquiry, impeachment by the House, and trial by the Senate.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The president, vice president, and all civil officers of the United States |
| Who can impeach? | The House of Representatives |
| Who tries impeachments? | The Senate |
| Who presides over the trial? | The Chief Justice of the United States |
| What is the conviction threshold? | Two-thirds of the Members present |
| What is the penalty for an impeached official upon conviction? | Removal from office, and possibly disqualification from holding public offices in the future |
| What is the definition of "high Crimes and Misdemeanors"? | The Constitution does not specify a definition, but it includes treason, bribery, and other offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes |
| What is the impeachment process? | The House of Representatives first approves articles of impeachment by a simple majority vote. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official |
| How many times can an individual be impeached? | The Constitution does not specify a limit |
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What You'll Learn
Who can be impeached?
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, Section 2) and "the Senate shall have the sole Power to try all Impeachments". The president, vice president, and all civil officers of the United States are subject to impeachment.
At the federal level, the impeachment process is typically a three-step procedure. The first phase is an impeachment inquiry, which is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate.
The House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office.
The Constitution does not limit the number of times an individual may be impeached. As of 2025, Donald Trump is the only federal officer to have been impeached more than once.
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 the governor, in accordance with their respective state constitution. Many local governments also have impeachment procedures.
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Who can impeach?
In the United States, the House of Representatives has the sole power to impeach federal officials. This power is granted by Article I, Section 2, Clause 5 of the United States Constitution, which states that the House "shall have the sole Power of Impeachment".
The House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which is the sole court for impeachment trials. The Senate has the power to try all impeachments and to acquit or convict the accused. The Senate can vote by a two-thirds majority to convict an official, removing them from office.
The president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons. When the President is tried, the Chief Justice of the United States presides. The Senate can also vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding future federal office.
At the state level, impeachment may also occur if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including the governor, and many local governments also have impeachment procedures. Impeachment is also a practice of other government bodies, such as tribal governments.
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What happens during an impeachment trial?
The impeachment process is a fundamental component of the system of "checks and balances" in the United States Constitution. The House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. The president, vice president, and all civil officers of the United States are subject to impeachment.
The impeachment process typically consists of three steps. First, the House investigates through an impeachment inquiry, although this is not a required stage. Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings.
During an impeachment trial, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers," act as prosecutors before the Senate. The Senate can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, vote to bar an individual convicted in a Senate impeachment trial from holding future federal office. However, conviction does not extend to further punishment, such as the loss of pension.
Impeachment is a remedial rather than punitive process, intended to "effectively 'maintain constitutional government' by removing individuals unfit for office". Persons subject to impeachment and removal remain ''liable and subject to Indictment, Trial, Judgment and Punishment, according to Law" in the regular federal or state courts. While impeachment may result in removal from office, it does not preclude criminal liability.
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What are the penalties for an impeached official?
The penalties for an impeached official in the United States are outlined in the Constitution and include removal from office and potentially a bar from holding future office. The impeachment process is a fundamental component of the system of checks and balances, allowing Congress to charge and try federal government officials for "Treason, Bribery, or other high Crimes and Misdemeanors."
The House of Representatives has the sole power of impeachment, as stated in Article I, Section 2, Clause 5 of the Constitution. The Senate, on the other hand, has the sole responsibility to try impeachments, as per Article I, Section 3, Clause 6. A conviction in the Senate requires a two-thirds majority vote, as outlined in Article I, Section 3, and results in the removal of the impeached official from their office.
While the definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has been a subject of debate, it generally refers to political offences arising from personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest in the discharge of the duties of political office.
In addition to removal from office, the Senate can also vote with a simple majority to bar an individual from holding future federal office. This disqualification does not extend to further punishment, such as the loss of pension. The impeached official remains liable and subject to indictment, trial, judgment, and punishment according to the law.
It is important to note that impeachment proceedings do not preclude criminal liability, and a party may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The President of the United States is also constitutionally prevented from granting a pardon to impeached and convicted persons.
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What constitutes an impeachable offence?
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments". The President, Vice President, and all civil officers of the United States are subject to impeachment.
The grounds for impeachment are "treason, bribery, or other high crimes and misdemeanors". The meaning of treason and bribery is relatively clear, but the scope of "high crimes and misdemeanors" is less well-defined and has been fleshed out over time through the practice of impeachments in the United States Congress.
"High crimes and misdemeanors" can include political offences that grow out of personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest in the discharge of the duties of political office. Impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
While impeachment is a political process largely unreviewed by the judiciary, it is not punitive in nature. A party may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The president, vice president, and all civil officers of the United States are subject to impeachment.
The House of Representatives has the sole power to impeach federal officials.
Once the House of Representatives impeaches an official, the official is tried by the Senate, which has the sole power to try impeachments. The official may be removed from office and, in some cases, disqualified from holding public office in the future.
