Malcolm Rivera
The United States Constitution outlines the impeachment process in Article II, Section 4, which allows Congress to remove the President, Vice President, and other civil officers from office for treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments, with the Chief Justice of the United States presiding in presidential impeachment trials. The Senate can vote to convict and remove an official from office, and may also bar them from holding future office. Impeachment is a crucial check on the executive and judicial branches, ensuring accountability for government officials.
| Characteristics | Values |
|---|---|
| Section of the Constitution dealing with impeachment | Article I, Section 2, Clause 5; Article I, Section 3, Clauses 6-8; Article II, Section 2, Clause 1; Article II, Section 4; Article III, Section 2, Clause 3 |
| Power to impeach | Granted solely to the House of Representatives |
| Power to try impeachments | Assigned solely to the Senate |
| Sanctions for an impeached and convicted individual | Limited to removal from office and potential disqualification from holding future office; does not preclude criminal liability |
| Presidential pardon power | Does not extend to cases of impeachment |
| Officials subject to impeachment | The President, Vice President, and all civil Officers of the United States |
| Grounds for impeachment | Treason, Bribery, or other high Crimes and Misdemeanors; non-criminal conduct may also be considered |
| Senate majority vote | Required to convict and impose sanctions |
| Chief Justice's role | Presides over presidential impeachment trials |
Explore related products
What You'll Learn
Who can be impeached?
The U.S. Constitution gives the House of Representatives the sole power of impeachment. The Senate has the sole power to try impeachments and can disqualify convicted individuals from holding future office.
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. The Constitution does not define "high crimes and misdemeanors", but non-criminal conduct can constitute impeachable behaviour. 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 subject to impeachment. Federal judges are also subject to impeachment.
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. The House of Representatives has impeached a Senator in the past, but 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. Impeachment might also occur with tribal governments as well as at the local level of government.
Founding Fathers: Constitution Reflects the Times
You may want to see also
Who can impeach?
The power to impeach lies with the House of Representatives, which is granted by Article I, Section 2, Clause 5 of the United States Constitution. The House of Representatives is the only governmental body that can call a vote to impeach an executive or judicial officer. The House impeaches an official of the federal government by approving, by a simple majority vote, articles of impeachment.
The House of Representatives has impeached judges, senators, and members of Congress. In 1912, the House impeached Judge Robert W. Archbald, alleging that he was generating "profitable business deals with potential future litigants in his court". In 1797, the House impeached Senator William Blount of Tennessee.
The House has also impeached members of the executive branch. The Constitution gives Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States. Within the executive branch, any presidentially appointed "principal officer", including agency heads such as secretaries, administrators, or commissioners, is a "civil officer of the United States" and is subject to impeachment.
Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government.
Cities of South Central Anne Arundel County
You may want to see also
Who tries impeachments?
The United States Constitution gives the House of Representatives the sole power to impeach an official of the federal government. The House of Representatives charges an official by approving, through a simple majority vote, the articles of impeachment.
The Senate, on the other hand, has the sole power to try impeachments. 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. The chief justice of the United States presides over the trial. The Senate can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also vote with just a simple majority to bar an individual convicted in a senate impeachment trial from holding future federal office.
The process of impeachment is remedial rather than punitive in nature, and the remedy is limited to removal from office. The conviction is not considered a punishment, and the President of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons.
Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government.
Understanding Marital Abandonment in Maryland Law
You may want to see also
Explore related products
What are impeachable offences?
The US Constitution provides that the grounds of impeachment are for "treason, bribery, or other high crimes and misdemeanors". While the types of conduct constituting treason and bribery are relatively well-understood, the meaning of "high crimes and misdemeanors" is not defined in the Constitution or in statute. The phrase has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388.
The process of impeachment is remedial rather than punitive, 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.
Impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. 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. The Senate 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.
Working Abroad: Understanding Legal Eligibility Requirements
You may want to see also
What are the sanctions for those impeached?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, 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 sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. However, an impeachment proceeding does not preclude criminal liability. The Senate has also concluded (by majority vote) on various occasions that an official impeached while in office remains subject to trial, conviction, and imposition of the penalty of disqualification even after they leave office.
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 Constitution gives Congress the authority to impeach and remove the President. The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been the subject of debate.
John Marshall's Constitution: A Personal Interpretation
You may want to see also
Frequently asked questions
Article II, Section 4 of the US Constitution deals with impeachment.
Article II, Section 4 states that the President, Vice President, and all Civil Officers of the United States shall be removed from office for impeachment and conviction of treason, bribery, or other high crimes and misdemeanors.
The House of Representatives has the sole power of impeachment and can impeach an official with a simple majority vote. The Senate then tries the impeachment and can convict the official with a two-thirds majority vote, leading to their removal from office and potential disqualification from holding future office.
