Isabella Carter
The United States Constitution grants Congress the power to impeach federal officials. Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The Constitution limits the grounds of impeachment to treason, bribery, or other high crimes and misdemeanors, but does not define high crimes and misdemeanors. The process of impeachment exists to ensure accountability and maintain a system of checks and balances.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, federal judges, and all civil officers of the United States. |
| Who can impeach? | The House of Representatives has the sole power of impeachment. |
| Who tries impeachments? | The Senate has the sole power to try impeachments. |
| What is required for conviction? | A two-thirds majority vote of the Senate is required to convict. |
| What is the penalty for an impeached official upon conviction? | Removal from office. |
| Can an impeached official be barred from holding public office in the future? | Yes, the Senate can vote with a simple majority to bar an individual from holding future federal office. |
| Can an official be tried after they have resigned or their term has ended? | The permissibility of trying a former official has been debated, with the Senate concluding on various occasions that an official impeached while in office remains subject to trial and conviction even after leaving office. |
| Can an official be impeached more than once? | There is no limit in the Constitution on the number of times an individual may be impeached. |
| What are the grounds for impeachment? | Treason, bribery, or other high crimes and misdemeanors. |
Explore related products
$5.53 $5.95
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" (Article I, Section 3). The Constitution limits the grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not define "high crimes and misdemeanors". The scope of "high crimes and misdemeanors" has been fleshed out over time through the practice of impeachments, and it includes political offences, personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest in the discharge of the duties of political office.
The President, Vice President, and all civil Officers of the United States are subject to impeachment. Federal judges are also subject to impeachment, and within the executive branch, any presidentially appointed "principal officer", such as a head of an agency, is a "civil officer of the United States" and can be impeached. The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for the purposes of impeachment.
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. Local governments, tribal governments, and some US territories also have impeachment procedures.
Who Really Wrote the Constitution?
You may want to see also
What are the grounds for impeachment?
In the United States, impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives has the sole power of impeachment, and 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 and removal from office.
The grounds for impeachment are limited to "treason, bribery, or other high crimes and misdemeanors". While the meaning of treason and bribery is relatively clear, the scope of "high crimes and misdemeanors" is less well-defined and has been the subject of debate. It is generally understood to include political offences growing out of personal misconduct, gross neglect, usurpation, or a habitual disregard of the public interest in the discharge of the duties of political office.
Impeachment may occur at the federal level, as well as at the state level if provided for under the state constitution. Tribal governments and local governments may also have impeachment procedures. The process of impeachment is remedial rather than punitive, and an official may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
The impeachment process is designed to hold government officials accountable and prevent abuses of power. However, there is a concern that the broader the category of impeachable offences is understood to be, the easier it is for political disagreements to become grounds for impeachment investigations. As such, the House and Senate have built up precedents over time that give substantive content to the scope of impeachable offences.
Interpreting the Constitution: Birthright and Citizenship
You may want to see also
What is the process of impeachment?
In the United States, impeachment is a process that can be undertaken at the federal level against those who may have committed "treason, bribery, or other high crimes and misdemeanors". The latter 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 impeachment process involves three steps, though it may end at any one of the three steps, depending on how the body in question votes:
- An investigation in the House of Representatives committees: House committees investigate allegations of wrongdoing by the official in question, hearing from witnesses and gathering evidence. Their conclusions are sent in a report to the Judiciary Committee.
- A vote of the House to pass articles of impeachment: The Judiciary Committee decides whether the reports contain evidence of wrongdoing, and if so, drafts articles of impeachment. The committee then votes on whether to send the articles to the House. The House debates the articles of impeachment and votes. If a simple majority of members approve any of the articles, the official is formally impeached but remains in office, pending the outcome of the Senate trial.
- A trial and vote in the Senate to convict the official: The Senate conducts a trial using the articles of impeachment. The Chief Justice of the United States serves as judge, senators serve as jury, House members serve as prosecutors, and the official's lawyers serve as their defence. After considering the evidence, the Senate votes on the articles, with two-thirds of sitting members needed to convict. A conviction results in the removal of the official from office.
It is important to note that impeachment does not mean removal from office. It is a remedial rather than penal process, intended to "effectively 'maintain constitutional government' by removing individuals unfit for office".
Citizenship in the US: Understanding Constitutional Definition
You may want to see also
Explore related products
$8.99
![Rules for the Government of the Impeachment Trial [And Other Trial Documents] 1871 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
What are the consequences of impeachment?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. The federal 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 Senate can also vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding federal office in the future.
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. Impeachment might also occur with tribal governments as well as at the local level of government.
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. However, the Constitution does not define "high crimes and misdemeanors". The Senate has also concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.
The consequences of impeachment can vary depending on the outcome of the Senate trial. If the Senate convicts the impeached official with a two-thirds majority vote, the official is removed from office. Additionally, the Senate can vote with a simple majority to bar the individual from holding future public office. On the other hand, if the Senate acquits the official, they are not removed from office and can continue to serve out their term.
It is important to note that impeachment is not solely a punitive measure, and individuals who are impeached may still be subject to criminal or civil trial, prosecution, and conviction under the law. The impeachment process is meant to hold public officials accountable for their actions and ensure the integrity of the government.
Global Constitutions: A Comparative View
You may want to see also
What is the history of impeachment?
The practice of impeachment originated in England and was later used by many American colonial and state governments. The Good Parliament of 1376 produced the first recognised cases of impeachment, the most important being that of William, 4th Baron Latimer, who had been closely associated with the government of Edward III. After the mid-15th century, impeachment fell out of use until the 17th century, when it was revived as a means for Parliament to remove unpopular ministers, usually court favourites protected by the king. From 1621 until 1679, many of the chief officers of the crown were brought down or at least jeopardised by impeachment, including the 1st Duke of Buckingham (1626), the Earl of Strafford (1640), Archbishop William Laud (1642), the Earl of Clarendon (1667), and Thomas Osborne, Earl of Danby (1678).
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. The federal 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 Senate can also, with just a simple-majority vote, bar an individual convicted in a Senate impeachment trial from holding future federal office.
The House has initiated impeachment proceedings more than 60 times. But there have been only 21 impeachments, including three presidents, one cabinet secretary, and one senator. Of those who were impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges. Presidents Johnson, Clinton, and Trump remained in office following acquittals by the Senate on all charges. Former President Richard Nixon resigned after Congress started the impeachment process against him in 1974.
Impeachment might also occur with tribal governments as well as at the local level of government. Most state legislatures can impeach state officials, including governors and judicial officers, in every state. At least eleven US state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment by one vote in 1912.
Mother's Health: Abortion's Ethical and Legal Considerations
You may want to see also
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 can be impeached.
The Constitution limits the grounds for impeachment to "treason, bribery, or other high crimes and misdemeanors".
The House of Representatives has the sole power of impeachment.
After impeachment, there is an impeachment trial in the Senate, which can vote by a two-thirds majority to convict and remove an official from their office.
