Eleanor Finch
The impeachment process is a unique political mechanism outlined in the United States Constitution, which grants Congress the authority to impeach federal officials, including the President, Vice President, and civil officers. The House of Representatives holds the sole power of impeachment and can initiate proceedings through a resolution, while the Senate is responsible for trying impeachments, with the Chief Justice of the United States presiding in presidential cases. The process, a fundamental component of the system of checks and balances, involves charging and trying officials for treason, bribery, or other high crimes and misdemeanors, although the exact scope of these offences is not fully defined in the Constitution and has been a subject of debate.
| Characteristics | Values |
|---|---|
| Which body has the power to impeach? | The House of Representatives has the sole power of impeachment. |
| Who can be impeached? | The President, Vice President, and all civil officers of the United States are subject to impeachment. |
| What are the grounds for impeachment? | Treason, bribery, or other high crimes and misdemeanors. |
| What is required for impeachment? | A simple majority vote by the House of Representatives. |
| What happens after impeachment? | The Senate holds an impeachment trial. If found guilty, the official is removed from office and may be barred from holding future office. |
| Who presides over the impeachment trial? | In the case of a presidential impeachment trial, the chief justice of the United States presides. |
| What is the conviction requirement? | A two-thirds vote of the Senate is required to convict. |
| Can the President pardon an impeached official? | No, the President cannot pardon an impeached official. |
| Is impeachment punitive? | No, impeachment is remedial rather than punitive. A party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. |
| What is the role of the judiciary in impeachment? | Impeachment is a unique political process largely unchecked by the judiciary. Judicial precedents, however, may inform the substantive meaning of various provisions of the Constitution related to impeachment. |
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What You'll Learn
Who can be impeached?
The United States Constitution gives 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 Constitution does not articulate who qualifies as a "civil officer of the United States". However, federal judges are 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.
At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority" and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment.
Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. A number of organized United States territories do as well. Additionally, impeachment is a practice of other government bodies, such as tribal governments.
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Who can request impeachment?
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2). This means that impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may also be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor, the president, or state or territorial legislature, grand jury, or by petition.
The House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. 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, vote to bar an individual convicted in a senate impeachment trial from holding future federal office.
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also, because the conviction is not a punishment, the president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial.
Impeachment might also occur with tribal governments as well as at the local level of government. For example, the Iroquois (Haudenosaunee) Confederacy's Great Law of Peace, which predates the constitution of the United States, includes what amounts to an impeachment process through which clan mothers can remove and replace a sachem for misdeeds. This is unique in that only a tribe's women are allowed to remove a sachem through this process.
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What happens after impeachment?
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2). The Senate, on the other hand, has the "sole Power to try all Impeachments" (Article I, section 3). This means that after impeachment, the process moves to the Senate for trial. The Senate impeachment trial operates much like a criminal trial, with "impeachment managers" from the House of Representatives acting as the prosecution and presenting their evidence to the Senate first. The Senate hears the evidence, supervises the examination of witnesses, and votes to acquit or convict the impeached official. A two-thirds vote of the Senate is required to convict and remove an official from office. The penalty for an impeached official upon conviction is removal from office, and in some cases, disqualification from holding public offices in the future.
The proceedings and customs of the Senate impeachment trial can be changed at any time. The Senate can vote by a simple majority to change the rules, and it could even refuse to vote on articles of impeachment and dismiss the case. The length of the impeachment trial depends on the number of witnesses called, the number of articles of impeachment being considered, and how long the Senate takes to deliberate.
It is important to note that impeachment proceedings are remedial rather than punitive in nature, and as such, a party may still 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 is the role of the Senate?
The Senate is considered the upper chamber of Congress. Each state elects two senators to represent them in the Senate, which is made up of 100 members. These senators are elected to serve six-year terms and are part of the Legislative branch of the US government.
The Senate has a variety of constitutional powers, including proposing legislation, drafting or amending bills, and approving or rejecting presidential appointees for agencies. The Senate also has the power to approve treaties with foreign nations, negotiated by the Executive branch, by a two-thirds vote.
In addition, the Senate plays a crucial role in the impeachment process. While the House of Representatives has the sole power to initiate impeachment proceedings, the Senate has the "sole Power to try all Impeachments". This means that after the House of Representatives approves articles of impeachment by a simple majority vote, it sends these articles to the Senate. The Senate then sits as a High Court of Impeachment, hearing evidence and witnesses before voting to acquit or convict the impeached official. A two-thirds majority is required to convict, and the penalty is removal from office, with the potential addition of disqualification from holding public office in the future.
The Senate also has the power to expel its own members with a two-thirds vote, a power it has used sparingly, expelling only 15 members since 1789. Senators can also use the filibuster to delay or block legislation, although this can be ended by a two-thirds majority vote under Rule 22.
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What is the role of the House of Representatives?
The United States House of Representatives is a chamber of the bicameral United States Congress; it is the lower house, with the Senate being the upper house. The House of Representatives has two main duties: making laws and scrutinising the work of the government. The House's exclusive powers include initiating all revenue bills, impeaching federal officers, and electing the president if no candidate receives a majority of the electoral votes.
The House of Representatives is directly responsible and responsive to the people. A representative speaks for about 550,000 people in their district. They can travel the represented area and hear the complaints and hopes of the people in the district. The House's chief officer is the clerk, who maintains public records, prepares documents, and oversees junior officials. Another officer is the chief administrative officer, who is responsible for the day-to-day administrative support to the House of Representatives.
The Constitution provides that the House may choose its own speaker. The speaker, committee chairs, and some other officials are generally from the majority party, with counterparts in the minority party. The House is also served by several officials who are not members.
In the case of impeachment, the House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The impeachment process may be requested by a member of the House of Representatives, either by presenting a list of the charges or by asking for referral to the appropriate committee. The impeachment process may also be requested by non-members. An impeachment resolution may first pass through a House committee before the full House votes on it. The type of impeachment resolution determines the committee to which it is referred.
After the House of Representatives sends its articles of impeachment to the Senate, 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.
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Frequently asked questions
The impeachment process is a legislative mechanism for investigating and trying allegations of serious misconduct on the part of the President, Vice President, and civil officers of the United States.
The President, Vice President, and all civil officers of the United States are subject to impeachment.
A member of the House of Representatives can request the impeachment process by presenting a list of charges under oath or by asking for a referral to the appropriate committee. Non-members can also request impeachment.
The full House of Representatives adopts a resolution to formally begin the impeachment process. The House Committee on the Judiciary typically receives a resolution impeaching a particular individual.
The official has been impeached, and the Senate holds an impeachment trial. If found guilty, the official is removed from office and may be barred from holding elected office again.
