Isabella Carter
The phrase high crimes and misdemeanors appears in Article II, Section 4 of the U.S. Constitution, which outlines the grounds for impeaching the President, Vice President, and other civil officers. The ambiguity of the phrase has sparked debate and interpretation, with some arguing that it refers to offences that seriously harm the public and compromise an official's ability to serve. The phrase has been invoked in several impeachment proceedings, including those of Presidents Andrew Johnson, Richard Nixon, and Bill Clinton.
| Characteristics | Values |
|---|---|
| Section | 4 of Article Two |
| Document | U.S. Constitution |
| Covers | High crimes and misdemeanors |
| Impeachment criteria | Treason, Bribery, or other high Crimes and Misdemeanors |
| Impeachment | President, Vice President, and all Civil Officers of the United States |
| Impeachment process | Impeachment in the House of Representatives and conviction in the Senate |
| Impeachment meaning | Removal from office |
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What You'll Learn
- 'High crimes and misdemeanors' is a technical term with a long history
- The phrase appears in Article II, Section 4 of the US Constitution
- The term was coined by George Mason, who objected to the terms 'treason' and 'bribery'
- The phrase is open to interpretation, and has been used to cover a wide range of crimes
- The phrase has been used in the impeachment of several US presidents
'High crimes and misdemeanors' is a technical term with a long history
"High crimes and misdemeanors" is a phrase from Section 4 of Article Two of the United States Constitution. It states that:
> "The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
The phrase is a technical term with a long history, dating back to 1386 when the English Parliament first used it to describe grounds for impeaching officials of the crown. The impeachment of King's Chancellor Michael de la Pole, 1st Earl of Suffolk, was the first case to use this charge.
The phrase continued to be used by the English Parliament, and in 1621, Parliament impeached the King's Attorney General, Sir Henry Yelverton, for "high crimes and misdemeanors." Charges included failing to prosecute after starting lawsuits and using authority before it was properly his.
During the drafting of the US Constitution, George Mason offered the term "high crimes and misdemeanors" as a criterion for removing public officials who abuse their office. Mason argued that the definition of impeachment should be broader to include maladministration, or mismanagement and ineffective governance. This was in reference to the impeachment of statesman Warren Hastings for misconduct during his time as Governor General of India.
The phrase "high crimes and misdemeanors" has been used in modern times during the impeachment proceedings of Presidents Richard Nixon, Andrew Johnson, and Bill Clinton. The interpretation of the phrase is flexible, and its meaning has evolved over hundreds of years.
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The phrase appears in Article II, Section 4 of the US Constitution
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the US Constitution. This section outlines the grounds for impeaching the President, Vice President, and other civil officers of the United States. It states that these officials can be removed from office through impeachment and conviction of "treason, bribery, or other high crimes and misdemeanors".
The phrase "high crimes and misdemeanors" has an ancient English origin, dating back to the impeachment of the Earl of Suffolk in 1388. Since 1386, the English Parliament has used the term to describe grounds for impeaching officials of the crown. The inclusion of this phrase in the US Constitution was influenced by the debates of the Founding Fathers during the Constitutional Convention. George Mason of Virginia proposed the term to address concerns that limiting grounds for impeachment to treason and bribery would be too narrow and insufficient to cover a range of offences. James Madison objected to the inclusion of vague terms like "maladministration", arguing that it would give the Senate too much power over the President. The phrase "high crimes and misdemeanors" was ultimately adopted to strike a balance between providing grounds for impeachment and safeguarding the separation of powers.
The interpretation of "high crimes and misdemeanors" has evolved over time and continues to be debated. It is generally understood to refer to serious offences that compromise an official's ability to serve and harm the public. The phrase has been invoked in several impeachment proceedings, including those of President Andrew Johnson in 1868, President Richard Nixon in 1974, and President Bill Clinton in 1999.
The impeachment process in the United States is complex, and the House of Representatives and the Senate play crucial roles in this process. The inclusion of "high crimes and misdemeanors" in Article II, Section 4 of the Constitution provides a check on the executive branch and holds government officials accountable for their actions.
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The term was coined by George Mason, who objected to the terms 'treason' and 'bribery'
The phrase “high crimes and misdemeanors” appears in Article II, Section 4 of the U.S. Constitution. It states that:
> "The President, Vice President, and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
The term was coined by George Mason, a Founding Father, American planter, politician, and delegate to the U.S. Constitutional Convention in 1787. He was one of three delegates who refused to sign the Constitution due to his objection to certain provisions, including the lack of a bill of rights.
Mason proposed the term "high crimes and misdemeanors" as a criterion for removing public officials who abuse their office. He argued that the terms “treason” and “bribery” were too narrow and wanted to broaden the definition to include “maladministration,” or mismanagement and ineffective governance. James Madison disagreed, arguing that this would make it so the President would be serving at the "pleasure of the Senate."
The phrase "high crimes and misdemeanors" has been used to cover a broad range of activities, and its exact meaning has been the subject of debate for hundreds of years. It is not limited to actual crimes but extends to the abuse or violation of public trust in carrying out the duties of a position.
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The phrase is open to interpretation, and has been used to cover a wide range of crimes
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the U.S. Constitution. The section states:
> The President, Vice President, and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
The phrase is open to interpretation and has been used to cover a wide range of crimes. The word "high" in the legal and common vocabulary of the 17th and 18th centuries referred to crimes committed by or against those in a unique position of political authority. The phrase was used to describe crimes that were not shared with ordinary persons, such as misappropriating government funds, appointing unfit subordinates, threatening a grand jury, or arresting someone to prevent them from running for Parliament.
The interpretation of "high crimes and misdemeanors" has evolved over the years, and the phrase has been used to cover a broad range of offences. For example, in 1621, Sir Henry Yelverton, the King's Attorney General, was impeached for "high crimes and misdemeanors" for failing to prosecute after starting lawsuits and using authority before it was properly his. In 1640, Thomas Wentworth, the 1st Earl of Strafford, was impeached for "high misdemeanours" regarding his conduct in Ireland. In 1688, Chief Justice William Scroggs was impeached for browbeating witnesses and public drunkenness.
In more recent times, the impeachment of President Bill Clinton in 1998 on charges of perjury and obstruction of justice caused debate among scholars. Some argued that while a crime was committed, it did not pertain to the office and thus did not rise to the level of an impeachable offence. The Senate ultimately acquitted Clinton. Similarly, in 1974, President Richard Nixon faced impeachment charges of "high crimes and misdemeanors" for obstruction of justice, abuse of power, and contempt of Congress. Nixon resigned before the House could take a full vote, and scholars treat the articles of impeachment as an important precedent.
The interpretation of "high crimes and misdemeanors" continues to be a subject of debate, with Congress and the legal system weighing in on the meaning of this ambiguous phrase.
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The phrase has been used in the impeachment of several US presidents
The phrase "high crimes and misdemeanors" appears in Article II, Section 4 of the U.S. Constitution. It states:
> "The President, Vice President, and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
Andrew Johnson was impeached in 1868 on eleven articles of impeachment, including violating the Tenure of Office Act. The Senate fell one vote short of conviction.
Richard Nixon faced impeachment charges in 1974 for using his law enforcement power to cover up a burglary at the headquarters of his political opponent. He was charged with obstruction of justice, abuse of power, and contempt of Congress, but he resigned before the House could take a full vote.
During the impeachment proceedings of Bill Clinton in 1999, White House Counsel Charles Ruff described a "narrow" interpretation of "high crimes and misdemeanors," suggesting that the framers intended to set an extraordinarily high standard for impeachment.
Donald Trump was impeached by the House of Representatives in 2019 on two articles of impeachment: abusing the power of his office and obstructing Congress's investigation into his relationship with Ukraine. The Democrats argued that these actions fell under the umbrella of "high crimes and misdemeanors."
The phrase "high crimes and misdemeanors" has been the subject of debate and interpretation, with legal scholars disagreeing on whether an impeachable offense must be a crime or if it can include misconduct and abuse of power. The definition and interpretation of "high crimes and misdemeanors" have evolved over hundreds of years, and the specific meaning was left intentionally vague by the framers of the Constitution.
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Frequently asked questions
Article II, Section 4 of the U.S. Constitution.
"High crimes and misdemeanors" is a technical term used to describe a range of crimes that are considered grounds for impeachment. The phrase is intentionally vague to allow for interpretation and has been used to cover various offenses, including corruption and abuse of power.
The phrase was proposed by George Mason during the drafting of the Constitution as he believed that the terms treason and bribery were too narrow and did not cover all offenses that would "subvert the Constitution." The inclusion of "high crimes and misdemeanors" as grounds for impeachment was debated and ultimately included to provide a balance and safeguard against abuses by government officials.
According to Article II, Section 4, the President, Vice President, and all Civil Officers of the United States can be impeached and removed from office for treason, bribery, or other high crimes and misdemeanors.
Yes, the vague nature of the phrase has led to ongoing debates and controversies. The lack of a specific definition allows for interpretation by the House of Representatives and the Senate, which can be influenced by political considerations.
