Jonah Patel
Impeachment is a process by which a legislative body or legally constituted tribunal charges a public official with misconduct. The United States Constitution grants the House of Representatives the sole Power of Impeachment and the Senate the sole Power to try all Impeachments. The process was first written into the US Constitution in 1787, when the document was approved by the members of the Philadelphia Constitutional Convention. The impeachment process is a fundamental component of the system of checks and balances.
| Characteristics | Values |
|---|---|
| Date written into the US Constitution | 1787 |
| Who has the power of impeachment | The House of Representatives |
| Who tries impeachments | The Senate |
| Who presides in the case of presidential impeachment trials | The chief justice of the United States |
| Vote required to convict | Two-thirds of the Senate |
| Penalty for an impeached official upon conviction | Removal from office, and possibly disqualification from holding public office in the future |
| Who is subject to impeachment | The president, vice president, and all civil officers of the United States |
| Impeachable offenses | Treason, bribery, or other high crimes and misdemeanors |
| Number of impeachment proceedings initiated by the House | More than 60 |
| Number of impeachments | 21 |
| Number of impeached officials found guilty by the Senate | 8 |
| Country with the most comparable impeachment procedure | Denmark |
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What You'll Learn
Impeachment powers granted to Congress
The United States Constitution grants the House of Representatives "sole Power of Impeachment" (Article I, section 2) and the "Senate shall have the sole Power to try all Impeachments" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
The process of impeachment involves bringing charges against a government official for wrongdoing, which can lead to a trial and potential removal from office. The House of Representatives initiates impeachment proceedings by approving articles of impeachment through a simple majority vote. The Senate then conducts the impeachment trial, hearing witnesses and considering evidence before voting to acquit or convict the accused. A two-thirds majority is required in the Senate to convict, and the penalty for an impeached official is removal from office. The impeached official may also be barred from holding public office in the future.
The power of impeachment is a fundamental component of the system of "checks and balances" in the US Constitution, ensuring accountability for government officials. The definition of "high crimes and misdemeanors" has been a subject of debate, with the Constitution not providing a specific definition.
The practice of impeachment originated in England and was later adopted by American colonial and state governments. It has been used by Congress throughout history, with the House initiating impeachment proceedings more than 60 times, resulting in 21 impeachments, including three presidents.
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Impeachment charges and trial process
Impeachment is the process of bringing charges against a government official for wrongdoing. The United States Constitution grants the House of Representatives "sole Power of Impeachment" (Article I, section 2) and the power to try impeachments to the Senate (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
The House of Representatives brings articles (charges) of impeachment against an official and if the House adopts the articles by a simple majority vote, the official has been impeached. The House members, collectively referred to as "managers", act as prosecutors and present the case to the Senate. The managers will present the articles of impeachment to the Senate, which will then sit as a High Court of Impeachment.
The Senate holds an impeachment trial, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. The Senate has the right to call witnesses and each side has the right to perform cross-examinations. The impeached official has the right to mount a defence with their own attorneys. Senators must take an oath or affirmation that they will perform their duties honestly and diligently. After hearing the charges, the Senate usually deliberates in private.
The Constitution requires a two-thirds supermajority to convict a person being impeached. If found guilty, the official is removed from office and may be barred from holding elected office in the future. If they are not found guilty, they may continue to serve in office.
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Impeachment conviction and penalties
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2), while the Senate has the "sole Power to try all Impeachments" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives brings articles of impeachment (charges) against an official, and if they are approved by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial, and the official may be removed from office if found guilty. The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors", but the exact definition of "high crimes and misdemeanors" has long been debated and is not specified in the Constitution.
The penalty for an impeached official upon conviction is removal from office. Additionally, the Senate can vote with a simple majority to bar an individual from holding public office in the future. This means that even if an official is acquitted by the Senate, they may still be disqualified from holding any federal office.
It is important to note that impeachment proceedings are remedial rather than punitive, meaning that 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.
In the history of the United States, the House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator. Of those impeached, eight officials were found guilty by the Senate and removed from office, all of whom were federal judges.
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Impeachment and the role of the judiciary
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, section 2) and "the Senate shall have the sole Power to try all Impeachments" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment. The process of impeachment involves bringing charges against a government official for wrongdoing, which can include "Treason, Bribery, or other High Crimes and Misdemeanors". The definition of "high crimes and misdemeanors" has long been debated and was not specified in the Constitution.
The House of Representatives brings articles of impeachment against an official, and if they are adopted by a simple majority vote, the official has been impeached and the Senate holds an impeachment trial. The Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of a presidential impeachment trial, the chief justice of the United States presides, and a two-thirds vote of the Senate is required for conviction. If convicted, the official is removed from office and may be disqualified from holding public office in the future. There is no appeal.
The role of the judiciary in impeachment proceedings is primarily that of the Senate, which acts as a court of impeachment. The Senate hears evidence, considers witnesses, and votes on whether to acquit or convict the impeached official. In some cases, the Senate has established special impeachment committees to hear evidence and report back to the full Senate, as in the cases of Harry E. Claiborne, Alcee Hastings, Walter Nixon, Jr., and G. Thomas Porteous, Jr. The Supreme Court has upheld the Senate's right to determine its own procedures, including the use of a trial committee.
Judicial impeachment should not be used to punish judges for their rulings, as this would undermine the independence of the judiciary. The normal appellate review process exists to address disagreements with judicial decisions. However, there have been attempts to use impeachment power for partisan reasons, such as in the case of Judge Harold Baer Jr., where both President Clinton and Sen. Bob Dole indicated they would support his removal over a ruling that evidence was inadmissible in a case. Despite these pressures, impeachment and removal of judges are rare and usually limited to grave ethical or criminal misconduct.
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Impeachment in the US vs. other countries
The process of impeachment in the United States is enshrined in the Constitution, which grants Congress the power to impeach federal officials. The House of Representatives has the sole power of impeachment, and the Senate has the sole power to try impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment. The process involves bringing charges against a government official for wrongdoing, and it can result in a trial and removal from office. The definition of impeachable offences has been a subject of debate, with the Constitution listing "treason, bribery, or other high crimes and misdemeanours".
Impeachment in the US differs from other countries in several ways. Firstly, the practice of impeachment originated in England and was later adopted by the framers of the US Constitution as a "method of national inquest into the conduct of public men" accused of violating the "public trust". This history sets the US impeachment process apart from other countries that may have different historical influences or traditions.
Secondly, the US impeachment process is designed as a check and balance on executive power. The House of Representatives initiates impeachment proceedings, and the Senate tries the accused, with the chief justice of the Supreme Court presiding over presidential impeachment trials. This separation of powers and the requirement of a two-thirds supermajority vote in the Senate to convict an official provide a distinct feature of the US impeachment process compared to other countries.
Additionally, impeachment in the US has been used at various levels of government, including federal, state, and local levels. State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon. This variation in the application of impeachment across different levels of government may differ from other countries' approaches to impeachment.
It is worth noting that while the US Constitution provides the framework for impeachment, the specific procedures and interpretations have evolved over time through precedents and court rulings. The US Supreme Court, for instance, upheld the Senate's right to determine its procedures, including the use of impeachment committees. This dynamic nature of the impeachment process in the US may contrast with the more static or codified procedures in other countries.
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Frequently asked questions
The US Constitution was first approved in 1787 and ratified in 1788.
Impeachment is a process by which a legislative body or tribunal initiates charges against a public official for misconduct.
The president, vice president, and all civil officers of the United States are subject to impeachment.
The US Constitution grants the House of Representatives the "sole Power of Impeachment".
The Senate holds an impeachment trial. If found guilty, the official is removed from office and may be barred from holding elected office again.
