Omar Bennett
The United States Constitution outlines the impeachment process in two clauses. Article I, Section 2, Clause 5 grants the House of Representatives the power to impeach federal officials, including the President, Vice President, and civil officers, for Treason, Bribery, or other high Crimes and Misdemeanors. Article I, Section 3, Clauses 6 and 7 assign the Senate the sole responsibility to try impeachments, requiring a two-thirds majority vote to convict and remove an official from office, and the option to bar them from holding future office.
| Characteristics | Values |
|---|---|
| Clause granting the power of impeachment | Article I, Section 2, Clause 5 |
| Clause assigning responsibility to try impeachments | Article I, Section 3, Clause 6 |
| Clause outlining sanctions for an impeached and convicted individual | Article I, Section 3, Clause 7 |
| Clause outlining the President's pardon power | Article II, Section 2, Clause 1 |
| Clause defining impeachable officials and behaviours | Article II, Section 4 |
| Clause outlining the Chief Justice's role in presidential impeachment trials | Article II, Section 4 |
| Clause requiring a two-thirds vote of the Senate to convict | Article II, Section 4 |
| Clause outlining the scope of "high crimes and misdemeanors" | Article II, Section 4 |
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What You'll Learn
- The House of Representatives has the sole power of impeachment
- The Senate has the sole power to try impeachments
- The sanctions for an impeached and convicted individual include removal from office
- The President has pardon power, except in cases of impeachment
- The President, Vice President and civil officers are subject to impeachment
The House of Representatives has the sole power of impeachment
The United States Constitution grants the House of Representatives the sole power of impeachment. This is outlined in Article I, Section 2, Clause 5, which states that the House of Representatives "shall have the sole Power of Impeachment".
The House of Representatives can impeach a party with a simple majority of the House members present or by any other criteria the House adopts. This is the first phase of the impeachment process, which is typically an impeachment inquiry, although this is not a required stage. The House investigates and must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been impeached.
The second phase is the trial by the United States Senate, which is the sole body with the 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 Senate can vote by a two-thirds majority to convict and remove an official from office. They can also vote with just a simple majority to bar an individual convicted in a Senate impeachment trial from holding future federal office.
The third phase is the imposition of penalties. 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, and the convicted party remains liable and subject to indictment, trial, judgement, and punishment according to law.
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The Senate has the sole power to try impeachments
The United States Constitution grants the Senate the sole power to try impeachments. This is outlined in Article I, Section 3, Clause 6, which assigns the Senate sole responsibility for trying impeachments. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official.
The process of impeachment begins with the House of Representatives, which has the sole power of impeachment according to Article I, Section 2, Clause 5. The House can impeach an official with a simple majority vote, which constitutes a formal allegation. Once an official has been impeached, the Senate then tries the accused. In the case of the impeachment of the President, the Chief Justice of the United States presides over the proceedings.
The Senate's role in trying impeachments is a crucial component of the system of checks and balances established by the Constitution. The Senate has the power to convict and remove an official from office, as well as to disqualify them from holding future office. The Senate's vote on conviction requires a two-thirds supermajority, ensuring a high threshold for conviction.
The Senate has interpreted the impeachment process to apply to officials even after they have left office. For example, in the case of former President Donald Trump, the Senate determined that he was subject to the jurisdiction of a Court of Impeachment for acts committed while in office, despite his term having expired. Additionally, the Senate has concluded that members of Congress are not considered "civil officers" for the purposes of impeachment, and are therefore not subject to impeachment and removal.
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The sanctions for an impeached and convicted individual include removal from office
The Constitution grants the House of Representatives the sole power of impeachment, and the Senate the sole power to try impeachments. The President of the United States is exempt from this, as they are tried by the Chief Justice. The President also does not have the power to pardon in cases of impeachment.
The sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office. This bar is voted on separately and only requires a simple majority in the Senate. The Senate has also concluded that an official impeached while in office remains subject to trial, conviction, and disqualification even after they leave office.
The Constitution does not limit the number of times an individual may be impeached. As of 2025, Donald Trump is the only federal officer to have been impeached more than once. The impeachment process can be initiated by members or non-members of the House of Representatives.
The scope of "high crimes and misdemeanors," which are grounds for impeachment, has been fleshed out over time and is analogous to common law. The definition of these crimes is not specified in the Constitution and has long been a subject of debate.
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The President has pardon power, except in cases of impeachment
The President of the United States has the power to grant reprieves and pardons for offences against the country. This is outlined in Article II of the Constitution. However, this pardon power does not extend to cases of impeachment. 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 misdemeanours. The House of Representatives has the sole power of impeachment, as stated in Article I, Section 2, Clause 5 of the Constitution.
The impeachment process typically involves three steps. Firstly, the House of Representatives investigates through an impeachment inquiry. This is not a required stage, but it is often the first phase. Secondly, the House must pass articles of impeachment with a simple majority vote. Upon passage, the defendant has been impeached. Thirdly, the Senate tries the accused. The Senate has the sole power to try impeachments, as outlined in Article I, Section 3, Clause 6. When the President is tried, the Chief Justice of the United States presides, and a two-thirds majority is required for conviction.
While the meaning of treason and bribery is relatively clear, the scope of "high crimes and misdemeanours" has been debated and fleshed out over time. This term includes political offences, personal misconduct, gross neglect, usurpation, and the habitual disregard of the public interest. The penalty for an impeached official is removal from office, and in some cases, disqualification from holding public office in the future. It is important to note that impeachment proceedings do not preclude criminal liability.
The President's pardon power is an important aspect of their executive power. However, this power has limits, and it does not apply in cases of impeachment. This exception ensures that the President cannot use their appointment power as a de facto pardon and reinforces the system of checks and balances in the US government.
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The President, Vice President and civil officers are subject to impeachment
The Constitution of the United States outlines the impeachment process for federal officials, including the President, Vice President, and civil officers. Article I, Section 2, Clause 5 of the Constitution grants the House of Representatives the sole power of impeachment. This means that the House can initiate impeachment proceedings and approve articles of impeachment by a simple majority vote. The House acts as the prosecutor in impeachment cases.
Article I, Section 3, Clauses 6 and 7 give the Senate the sole responsibility to try impeachments and determine the sanctions for convicted individuals. The Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds majority vote is required for conviction, and the penalty for impeachment is removal from office. The Senate may also disqualify convicted individuals from holding public offices in the future with a simple majority vote.
The President, Vice President, and civil officers of the United States are subject to impeachment for "Treason, Bribery, or other high Crimes and Misdemeanors." While the meaning of treason and bribery is clear, the phrase "high Crimes and Misdemeanors" has been the subject of debate and interpretation over time. It includes political offences, personal misconduct, gross neglect, usurpation, and habitual disregard of the public interest in the discharge of the duties of political office.
The impeachment process is a fundamental component of the system of checks and balances, ensuring that federal officials are held accountable for their actions. It is important to note that impeachment proceedings are remedial rather than punitive and do not preclude criminal liability. The President, while having the power to grant pardons, does not have this power in cases of impeachment.
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Frequently asked questions
Article I, Section 2, Clause 5 and Article I, Section 3, Clauses 6-7 of the US Constitution discuss impeachment.
Article I, Section 2, Clause 5 grants the House of Representatives the sole power of impeachment.
Article I, Section 3, Clause 6 assigns the Senate the sole responsibility to try impeachments.
Article I, Section 3, Clause 7 outlines the sanctions for an impeached and convicted individual, which may include removal from office and disqualification from holding future office. It also clarifies that impeachment does not preclude criminal liability.
