Malcolm Rivera
The US Constitution outlines that the President, Vice President, and civil officers can be impeached for treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood, the phrase high crimes and misdemeanors is not defined in the Constitution or statute law, and its meaning is informed by the history of congressional impeachments. The process of impeachment involves an inquiry, impeachment by the House of Representatives, and a trial by the Senate, requiring a two-thirds majority to convict. The impeachment process is a political tool that is independent of the judiciary and has been used sparingly, with only a few instances of judges and presidents being impeached.
| Characteristics | Values |
|---|---|
| Impeachable offenses | Treason, bribery, or other high crimes and misdemeanors |
| Who can be impeached? | The President, Vice President, and all civil Officers of the United States |
| Who can authorize an investigation? | A resolution to authorize an investigation is referred to the House Committee on Rules, and then to the Judiciary Committee |
| Who determines if grounds for impeachment exist? | The House Committee on the Judiciary, by majority vote |
| Who presents the case for impeachment? | Managers, typically referred to as "House managers", with a "lead House manager" |
| Who tries the accused? | The United States Senate |
| Who presides over the trial? | The Chief Justice of the United States, in the case of the impeachment of a President |
| Who has the right to call witnesses? | The Senate |
| Who has the right to cross-examine witnesses? | Each side |
| What is required for conviction? | A two-thirds supermajority in the Senate |
| What happens upon conviction? | The official is automatically removed from office and may be barred from holding future office |
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What You'll Learn
Treason, bribery, and other high crimes
The US Constitution states that the "President, Vice President, and all civil Officers of the United States" are subject to impeachment and removal from office for "treason, bribery, or other high crimes and misdemeanors". The Constitution grants the House of Representatives the sole power of impeachment and assigns the Senate sole responsibility for trying impeachments.
Treason is explicitly defined in the Constitution, and bribery had a clear common-law meaning, but the inclusion of "other high crimes and misdemeanors" as grounds for impeachment is more ambiguous. This phrase first appeared in 1388 during the impeachment of the Earl of Suffolk and was later adopted by the framers of the US Constitution after much deliberation. The phrase is intentionally vague, indicating that it encompasses a range of serious conduct and offences.
While the exact scope of "high crimes and misdemeanors" is not defined, it is generally understood to refer to conduct that inflicts serious harm on the public and severely compromises the officer's ability to function in their role. This can include political offences, such as personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest in the discharge of their official duties.
The inclusion of "other high crimes and misdemeanors" in the Constitution was intended to limit the scope of impeachment to only the most egregious circumstances, safeguarding against the abuse of impeachment powers and maintaining the separation of powers. The burden of proof falls on those arguing for impeachment to demonstrate that the circumstances warrant such drastic measures.
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Mal-practice and neglect of duty
The US Constitution does not define the phrase "high crimes and misdemeanors", and its meaning has been fleshed out over time through the practice of impeachments in the United States Congress.
On June 2, 1787, the framers adopted a provision that the executive should “be removable on impeachment & conviction of mal-practice or neglect of duty.” The Committee of Detail reported the grounds for this as “treason, bribery, or corruption". However, on September 8, Mason objected to this limitation, noting that it did not encompass all the conduct that should be grounds for removal. He proposed adding “maladministration” after "bribery", but this was rejected as too vague. Mason then suggested "other high crimes and misdemeanors", which was adopted without further recorded debate.
The understanding of "high crimes and misdemeanors" is informed by the history of congressional impeachments, rather than judicial decisions. Political offences, personal misconduct, gross neglect, usurpation, and habitual disregard of the public interest in the discharge of the duties of political office have been deemed "high crimes and misdemeanors".
Impeachment is a political process that is largely unreviewable by the Judicial Branch. It is an important check on the Executive and Judicial Branches, used to hold government officers accountable for violations of the law and abuses of power.
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Corruption and maladministration
The US Constitution does not define "high crimes and misdemeanors", and the interpretation of this phrase is informed by the history of congressional impeachments.
The Constitution states that the President, Vice President, and all civil Officers of the United States can be impeached for "treason, bribery, or other high crimes and misdemeanors". While treason and bribery are well-understood terms, the lack of a clear definition of "high crimes and misdemeanors" has resulted in a broader interpretation of impeachable offenses.
The interpretation of "high crimes and misdemeanors" has evolved to include political offenses and those not easily definable by law. This interpretation is supported by Joseph Story's Commentaries on the Constitution of the United States, which acknowledges the reach of parliamentary impeachments to include purely political offenses. Similarly, James Wilson, a delegate to the Constitutional Convention and later a Supreme Court Justice, claimed that impeachment was reserved for political crimes, punishments, and misdemeanors.
The process of impeachment is a political one, largely unreviewable by the judicial branch. The House of Representatives initiates impeachment proceedings, and a simple majority is required for the articles of impeachment to pass. The Senate then tries the accused, with a two-thirds supermajority required to convict.
The burden is on those pursuing impeachment to persuade a majority in the House and two-thirds of the Senate that the act in question justifies removal from office. This process serves as a check on the power of the Executive Branch and guards against judicial overreach.
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Political crimes and misdemeanours
The US Constitution does not define "high crimes and misdemeanours", but the phrase has its roots in English history, dating back to the impeachment of the Earl of Suffolk in 1388. The interpretation of "high crimes and misdemeanours" is informed by the history of congressional impeachments, rather than judicial decisions.
The impeachment process is a political one, largely unreviewable by the Judicial Branch. It is a tool that most members of Congress are unwilling to use unless absolutely necessary, but one that is flexible enough to be used in exceptional circumstances.
The House of Representatives must pass, by a simple majority, articles of impeachment, which constitute the formal allegation(s). Senators must take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached.
In 1986, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms. In 2010, Judge G. Thomas Porteous was impeached for engaging in a corrupt relationship with bail bondmen, where he received things of value in return for helping bondsmen develop relationships with state judges.
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Evasion of taxes and corruption
The US Constitution does not define the scope of "high crimes and misdemeanours", but this has been interpreted to include corruption and tax evasion, which are both impeachable offences.
Corruption
The US Constitution states that the President, Vice President, and all civil officers shall be impeached for "treason, bribery, or other high crimes and misdemeanours". While the meaning of "treason" and "bribery" is relatively clear, the scope of "high crimes and misdemeanours" is vague and has been interpreted over time. The term was adopted from English practice, where it had comprehended conduct not constituting indictable offences.
The inclusion of "or other high crimes and misdemeanours" was proposed by George Mason, who objected to the limitation of "treason" and "bribery", arguing that the term did not encompass all the conduct that should be grounds for impeachment and removal from office. The final phrasing was intended to capture a broader range of conduct, including political offences growing out of personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest in the discharge of the duties of political office.
Tax Evasion
Tax evasion is a purposeful illegal attempt by a taxpayer to evade assessment or payment of a tax imposed by federal law. To prove a violation of the statute, the prosecutor must show:
- The existence of a tax deficiency (an unpaid federal tax);
- An affirmative act constituting an evasion or attempted evasion of either the assessment or payment of that tax; and
- Willfulness (a voluntary, intentional violation of a known legal duty).
Conviction of tax evasion may result in fines and imprisonment. Tax evasion is separate from tax avoidance, which is the legal utilisation of the tax regime to one's advantage to reduce the amount of tax payable by means that are within the law.
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Frequently asked questions
The US Constitution states that the President, Vice President, and all civil Officers of the United States can be impeached for "treason, bribery, or other high crimes and misdemeanors".
The meaning of "high crimes and misdemeanors" is not defined in the Constitution or statute law. Its meaning is informed by the history of congressional impeachments, and it is believed to encompass political offenses.
The process of impeachment begins with an impeachment inquiry by the House of Representatives. A majority of those present and voting must pass articles of impeachment, which constitute the formal allegation(s). The Senate then tries the accused, hearing the charges and deliberating in private. A two-thirds supermajority is required to convict the impeached individual, who is then automatically removed from office.
Impeachment is a political process that is largely unreviewable by the Judicial Branch. The independence of separate branches of government would be undermined if impeachment powers were used to settle political scores. Congress has built up precedents over time that give substantive content to the scope of impeachable offenses, and procedural barriers also exist to prevent the abuse of impeachment powers.
