Malcolm Rivera
The purpose of impeachment, as outlined in the US Constitution, is to enable the legislative branch to bring charges against and try a government official for treason, bribery, or other high crimes and misdemeanors. The process, which can lead to removal from office and disqualification from holding future offices, serves as a check on the executive branch and helps maintain constitutional government. While the Constitution grants the House of Representatives the sole power of impeachment, it is the Senate that tries impeachments and decides on conviction and disqualification.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The president, vice president, federal judges, and all civil officers of the United States. |
| Who has the power of impeachment? | The House of Representatives. |
| Who tries impeachments? | The Senate. |
| What is required for conviction? | A two-thirds vote of the Senate. |
| What are the sanctions for an impeached and convicted individual? | Removal from office and potentially a bar from holding future office. |
| What is impeachment intended to do? | "Effectively 'maintain constitutional government' by removing individuals unfit for office". |
| What can officials be impeached for? | Treason, bribery, and other high crimes and misdemeanors. |
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What You'll Learn
Who can be impeached?
In the United States, the Constitution provides that the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. 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.
The president, vice president, and all civil officers of the United States are subject to impeachment. However, the exact scope of who qualifies as a civil officer is not precisely delineated in the Constitution. For example, debates at the Constitutional Convention do not appear to reveal the scope of who may be impeached beyond the president. Still, statements from at least one delegate indicate that participants assumed judges were subject to impeachment.
Historical practice informs the understanding of who qualifies as a civil officer. For instance, the Federalist Papers emphasized that the power of impeachment serves as a check on the Executive and Judicial Branches, but they did not outline exactly what types of officials were considered civil officers.
Congress has most notably employed the impeachment tool against the president and federal judges, but all federal civil officers are subject to removal by impeachment. It's important to note that Members of Congress are not civil officers subject to impeachment and removal.
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Who can impeach?
In the United States, the Constitution grants the House of Representatives the sole power of impeachment. This is outlined in Article I, Section 2, Clause 5, which states that the House of Representatives "shall have the sole Power of Impeachment".
The House of Representatives can impeach federal officials, including the President, Vice President, and all civil officers of the United States, for "Treason, Bribery, or other high Crimes and Misdemeanors". The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has been the subject of debate, but it generally refers to offenses against the government, grave abuses of power, violations of the public trust, or other political crimes.
It is important to note that Members of Congress are not considered civil officers and are therefore not subject to impeachment and removal.
Once the House of Representatives approves articles of impeachment by a simple majority vote, the official has been impeached. The articles of impeachment are then sent to the Senate, which has the sole power to try impeachments. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds vote of the Senate is required for a conviction, and the penalty for an impeached official is removal from office and potentially a bar from holding future office.
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Who tries impeachments?
In the United States, the House of Representatives has the sole power of impeachment. This power is granted by Article I, Section 2, Clause 5 of the Constitution. The House debates the resolution and may vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate. These managers are roughly equivalent to the prosecution or district attorney in a standard criminal trial.
The Senate has the sole power to try impeachments. This power is assigned by Article I, Section 3, Clause 6 of the Constitution. The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of presidential impeachment trials, the chief justice of the United States presides over the proceedings. The Senate requires a two-thirds supermajority vote to convict an official of impeachment. If convicted, the official is automatically removed from office and may be barred from holding future office by a separate vote.
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What are the consequences of impeachment?
The consequences of impeachment vary depending on the country and level of government in question. This answer will focus on the consequences of impeachment as per the US Constitution, as well as providing some context on the global implications.
United States
In the United States, impeachment is a federal process limited to officials who may have committed ""treason, bribery, or other high crimes and misdemeanors". The US Constitution grants the House of Representatives the sole power of impeachment, while the Senate has the sole power to try impeachments.
The consequences of impeachment in the US can include:
- Removal from office: This is the primary consequence of impeachment and is intended to effectively 'maintain constitutional government' by removing individuals unfit for office.
- Bar from holding future office: The Senate can vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding federal office in the future.
- Criminal liability: Impeachment proceedings do not preclude criminal liability. A party may be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
- Loss of benefits: For example, the Former Presidents Act of 1958, which provides a pension and other benefits, does not extend to presidents removed from office following an impeachment conviction.
It is important to note that impeachment in the US is described as a remedial rather than punitive process, and the President of the United States cannot grant a pardon to impeached and convicted persons.
Global Context
Impeachment processes exist in various countries, including Denmark, Ireland, and Latin America. While the specific consequences vary, impeachment generally involves charges against government officials for wrongdoing, and can result in removal from office, disqualification from holding future office, or other penalties.
In Latin America, for example, ten presidents from seven countries were removed from office by national legislatures via impeachment or declarations of incapacity between 1978 and 2019. In Denmark, a special Court of Impeachment handles cases against current and former ministers accused of unlawful conduct in office. In Ireland, the President may be impeached for "stated misbehaviour" and removed from office, but they cannot be made answerable for their actions.
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What constitutes an impeachable offence?
The purpose of impeachment is to hold government officials accountable for their actions and to protect the public from those who abuse their power or conduct themselves inappropriately while in office. While the US Constitution outlines specific impeachable offences, the interpretation and application of these grounds are complex and subject to ongoing debate.
Article II, Section 4 of the US Constitution states that the President, Vice President, and civil Officers shall be removed from office upon impeachment and conviction of "treason, bribery, or other high crimes and misdemeanours". The meaning of "treason" and "bribery" is relatively clear and well-defined in the Constitution and federal law. Treason, for example, is defined as "levying war" against the United States or "giving aid and comfort" to its enemies.
However, the phrase "high crimes and misdemeanours" is more ambiguous and has been the subject of much debate. This phrase first appeared in English impeachment proceedings in 1388 and was later adopted by the US Constitution. While it suggests a serious breach of conduct, the exact scope and nature of these "high crimes and misdemeanours" are not explicitly defined in the Constitution or statute.
Historically, impeachment proceedings, rather than judicial decisions, have informed the understanding of this phrase. Political offences, personal misconduct, gross neglect of duty, usurpation, and habitual disregard for the public interest have all been deemed "high crimes and misdemeanours" worthy of impeachment. Alexander Hamilton, in Federalist No. 65, clarified that impeachment applies to "offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust."
Impeachable conduct can also include "betrayal of public trust," "misuse of official power or office," and "offenses against the body politic, the nation, the public interest, the Constitution, or principles of general integrity." These offences need not be criminal in nature, as the original meaning of "misdemeanours" referred more broadly to misconduct or misbehaviour in an official capacity.
While "maladministration" was initially considered a ground for impeachment, it was later determined that this alone would not satisfy constitutional grounds. Similarly, errors in judgment or opinions are not considered impeachable offences.
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Frequently asked questions
The purpose of impeachment is to bring charges against a government official for wrongdoing, misconduct, or neglect of duties. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments.
The US Constitution states that the president, vice president, and all civil officers of the United States are subject to impeachment. Federal judges and principal officers appointed by the president are also subject to impeachment.
The Constitution outlines that impeachment can occur in cases of "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" is not specified and has been debated and fleshed out over time. These can include grave abuses of power, violations of the public trust, or personal misconduct.
After the House of Representatives approves articles of impeachment by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, where evidence is considered, and witnesses are heard. A two-thirds vote of the Senate is required to convict, and the penalty for an impeached official is removal from office. The Senate may also disqualify such officials from holding public office in the future.
