Omar Bennett
The phrase high crimes and misdemeanors appears in Article II, Section 4 of the U.S. Constitution, outlining grounds for impeachment. While the precise definition of high crimes and misdemeanors has been debated for hundreds of years, it is generally understood to refer to serious offenses or abuses of power by public officials, including the President, Vice President, and civil officers. The phrase originated in English law, with the English Parliament using it as grounds for impeaching officials of the crown as early as 1386. The inclusion of this phrase in the U.S. Constitution reflects its historical evolution and the intention to hold public officials accountable for their actions.
| Characteristics | Values |
|---|---|
| Date the constitution was written | Summer of 1787 |
| Impeachment criteria | Treason, Bribery, or other High Crimes and Misdemeanors |
| High crimes and misdemeanors | Misappropriating government funds, appointing unfit subordinates, not prosecuting cases, promoting themselves ahead of more deserving candidates, threatening a grand jury, disobeying an order from Parliament, arresting a man to keep him from running for Parliament, helping "suppress petitions to the King to call a Parliament" |
| High crimes and misdemeanors meaning | Not limited to indictable criminality, serious crimes, non-criminal conduct |
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What You'll Learn
Bribery
The phrase "high crimes and misdemeanors" has been used since 1386, when the English Parliament used it to describe one of the grounds to impeach officials of the crown. The phrase was later adopted by the framers of the US Constitution, who aimed to narrow the scope of impeachable offenses compared to English practice.
The specific definition of bribery in the context of impeachment has evolved over time. Today, bribery of public officials is prohibited under Section 201 of Title 18 of the US Code. This statute defines bribery as the giving or receiving of anything of value to or by a public official with the intent to influence an official act or in return for being influenced. It is a serious offense that carries significant legal consequences, including the potential for imprisonment.
The interpretation of bribery as an impeachable offense has been a subject of debate and has been refined through legal precedents and legislative actions. For example, during the impeachment of President Andrew Johnson in 1868, the House of Representatives charged him with violating the Tenure of Office Act, which was considered a form of bribery and an abuse of power. The Senate, however, fell one vote short of conviction, highlighting the complexity and ambiguity surrounding the definition of "high crimes and misdemeanors."
In summary, bribery has been recognized as a serious offense since the writing of the Constitution, and it continues to be a central issue in the impeachment process, with the definition and interpretation of bribery evolving through legal and political developments.
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Treason
The phrase "high crimes and misdemeanors" was commonly used when the U.S. Constitution was written and did not require any stringent criteria for determining guilt. The phrase was used historically to cover a wide range of crimes.
The phrase "high crimes and misdemeanors" is a technical term that was used in old English statutes to describe grounds for impeaching officials of the crown. The term "high" in the 17th and 18th centuries referred to activities committed by or against those in positions of authority.
The British Parliament invented impeachment in 1376 as a legislative counterweight against royal abuses of power. The impeachment process was intended to remove powerful ministers from the monarch's administration, as Parliament could not impeach or remove the king or queen.
In the United States, the President, Vice President, and all civil officers may be impeached and removed from office for "treason, bribery, or other high crimes and misdemeanors." The types of conduct constituting treason and bribery are relatively well-understood, but "high crimes and misdemeanors" is a more ambiguous phrase.
While misdemeanors are generally considered lesser crimes than felonies, they can still result in serious consequences, including incarceration, fines, community service, probation, and restitution. The specific penalties for misdemeanors vary depending on the jurisdiction and the nature of the crime.
In summary, the term "high crimes and misdemeanors" in the U.S. Constitution refers to a broad range of criminal acts that can lead to impeachment and removal from office. The interpretation of this phrase is left to the judgment of Congress and is informed by the historical practice of impeachment proceedings rather than judicial decisions.
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Misappropriating government funds
Misdemeanor is a technical term used in the US Constitution, which extends beyond criminal conduct. The phrase "high crimes and misdemeanors" was introduced by George Mason as a criterion for removing public officials who abuse their office. The phrase was borrowed from English law, which used it as a ground for impeaching officials of the crown.
One of the "high crimes and misdemeanors" mentioned in the US Constitution is misappropriating government funds. Misappropriation of funds refers to the illegal use of another person's or entity's money. While the person may have been given lawful access to the money, using it for their own purposes or another unauthorized use is a crime. Misappropriation of funds is a theft crime and is similar to embezzlement. Embezzlement occurs when a person entrusted with another person's or entity's money or property uses it unlawfully for their own benefit.
In the context of government funds, misappropriation refers to the unlawful use of government money by public officials or those entrusted with such funds. For example, in Los Angeles County, California, public officials or those in control of government money can be charged with misappropriation of public funds. A case in California involved five officials who misused over $100,000 in public funds on personal items and expenses, including slot machines, concert tickets, home improvements, and vehicle upgrades.
To obtain a conviction for misappropriation of public funds, prosecutors must prove beyond a reasonable doubt that the defendant was a government official or a person responsible for the receipt, safekeeping, transfer, or disbursement of public funds. They must also establish that the defendant appropriated public money for their own use or that of another person without authority and that the defendant knew the law prohibited such appropriation or was criminally negligent in finding out whether they had the legal authority to do so.
Misdemeanors are generally classified as crimes that carry a potential jail sentence of no more than one year, and they are less serious than felonies. The penalties for being found guilty of a misdemeanor can include incarceration, fines, community service, probation, and restitution.
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Threatening a grand jury
The concept of "high crimes and misdemeanors" has been used as a criterion for the impeachment of public officials who abuse their office. The phrase appears in Article II, Section 4 of the U.S. Constitution, which outlines the grounds for impeaching the President, Vice President, and civil officers. While treason and bribery are well-understood terms, the phrase "high crimes and misdemeanors" has evolved over hundreds of years and is subject to interpretation.
In the context of threatening a grand jury, it is important to understand the role of a grand jury and the consequences of interfering with their work. A grand jury is a group of 16-23 citizens who make an unbiased decision about the evidence before voting to charge an individual with a crime. The grand jury's proceedings are sealed, ensuring that only those present know what was said. During these proceedings, witnesses may testify, evidence is presented, and an outline of the case is provided. The grand jury then votes in secret on whether there is sufficient evidence to charge the individual with a crime.
The historical context of "high crimes and misdemeanors" sheds light on the interpretation of this phrase. Since 1386, the English Parliament has used this term to describe one of the grounds for impeaching officials of the crown. Threatening a grand jury was included in the offenses that constituted "high crimes and misdemeanors." This historical precedent informs the understanding of the Constitution's meaning, indicating that threatening a grand jury was considered a serious breach warranting impeachment.
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Abusing power
The abuse of power, or abuse of authority, is the misuse of a position of power to take unjust advantage of individuals, organisations, or governments. It is often referred to as "malfeasance in office" or "official abuse of power". This can include acts of corruption, deceit, and negligence.
In the context of the US Constitution, the abuse of power has been a grounds for the impeachment of several federal officials, including President Richard Nixon, who resigned before his trial in the Senate. The House Judiciary Committee voted to approve articles of impeachment, one of which charged Nixon with abuse of power, alleging that he had violated the constitutional rights of citizens and contravened the laws governing agencies of the executive branch.
Another example is the impeachment of President Donald Trump, who was charged with abuse of power by the US House of Representatives in 2019. Trump was acquitted by the Senate, with the president being found not guilty on both articles of impeachment, one of which was the charge of abuse of power.
The phrase "high crimes and misdemeanours" is used in Section 4 of Article Two of the US Constitution, which states that the President, Vice President, and all civil officers shall be removed from office on impeachment for "treason, bribery, or other high crimes and misdemeanours". This phrase was common when the Constitution was written and did not require stringent criteria for determining guilt. It was used to cover a wide range of crimes, including those that were political in nature, such as the abuse of power.
The first impeachment conviction by the US Senate was in 1804, when John Pickering, a judge of the US District Court for the District of New Hampshire, was impeached for chronic intoxication. Federal judges have also been impeached and removed from office for tax evasion, conspiracy to solicit a bribe, and making false statements to a grand jury.
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Frequently asked questions
A misdemeanour is a "lesser" criminal act in some common law legal systems. It is a crime less serious than a felony.
A misdemeanour is a crime punishable by less than 12 months in jail, a fine, community service, probation, or other similar punishments. A felony, on the other hand, is a federal crime for which the punishment may be death or imprisonment for more than a year.
Depending on the jurisdiction, examples of misdemeanours may include petty theft, prostitution, public intoxication, simple assault, disorderly conduct, trespass, shoplifting, vandalism, reckless driving, indecent exposure, forcible touching, and possession of cannabis for personal use.
The phrase "high crimes and misdemeanours" in the US Constitution refers to criminal acts committed by those in a position of authority, such as political officials or the President. It is a broad term that covers a wide range of crimes and is left to the judgment of Congress to define and interpret.
