Omar Bennett
The impeachment power was added to the US Constitution in 1788, with Article I, Section 2, Clause 5 granting the House of Representatives the sole power of impeachment. This was done to prevent the abuse of executive power, and the Constitution gives Congress the authority to impeach and remove The President, Vice President, and all civil Officers of the United States upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. Impeachment proceedings may be requested by a member of the House of Representatives, and the process may be initiated by non-members as well.
| Characteristics | Values |
|---|---|
| Date added to the Constitution | 1788 |
| Who can be impeached? | The President, Vice President, and all Civil Officers of the United States |
| Who can impeach? | The House of Representatives |
| Who tries impeachments? | The Senate |
| What is required for conviction? | Two-thirds vote of the Senate |
| What are the penalties for impeachment and conviction? | Removal from office; possible bar from holding future office |
| Can an impeached official be pardoned? | No |
| Can an official be tried after leaving office? | Yes |
| Can impeachment occur at the state level? | Yes |
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What You'll Learn
Impeachment powers and responsibilities
The United States Constitution provides that the House of Representatives "shall have 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 and removal from office.
The House of Representatives can initiate impeachment proceedings by approving articles of impeachment by a simple majority vote. The House acts as the prosecutor in impeachment trials, and a committee of representatives, called "managers," acts as prosecutors before 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 Constitution limits the grounds for impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but the term "high Crimes and Misdemeanors" is not defined in the Constitution and has long been the subject of debate. The definition of this term was intentionally left vague by the Framers of the Constitution, who addressed many aspects of impeachment, including the venue and process for impeachment trials, what actions warranted impeachment, and the likelihood of conviction.
In addition to federal impeachment, most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitutions. Impeachment may also occur at the local level of government, with municipal governments in cities such as Houston, Texas, and Louisville, Kentucky, having the power to impeach municipal officials such as mayors.
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Grounds for impeachment
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, Section 2, Clause 5). The Senate, on the other hand, 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 and removal from office.
The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors. While the definitions of treason and bribery are relatively clear, the scope of "high crimes and misdemeanors" is less well-defined and has been a subject of debate. This term is informed by the history of congressional impeachments rather than judicial decisions. It includes political offences growing out of personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest.
Impeachment proceedings may be requested by a member of the House of Representatives or by non-members, including a special prosecutor, the president, or state or territorial legislature. The House of Representatives brings articles of impeachment against an official, and if these are approved by a simple majority vote, the official has been impeached. The Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
Impeachment is a unique political process that is largely unreviewed by the judiciary. It is a remedial rather than punitive process, and a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
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The history of impeachment
During the Revolutionary era, individual states provided for impeachment in cases of "maladministration" or "corruption." The Founding Fathers considered impeachment so important that they included it in Article I of the US Constitution in 1788, even before they defined the presidency in Article II. They addressed various aspects of impeachment, such as the venue and process for trials, what actions warranted impeachment, and the likelihood of conviction.
The US Constitution grants the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The House has initiated impeachment proceedings more than 60 times, with about a third resulting in full impeachments. Impeachment can be requested by members and non-members of the House, and it may involve the president, vice president, federal judges, cabinet secretaries, senators, and other civil officers of the United States.
The impeachment process serves as a check on executive power and holds officials accountable for "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" has been debated, as it is not specified in the Constitution. The penalty for impeachment is removal from office, and in some cases, disqualification from holding future public offices.
Impeachment also occurs at the state level, with most state legislatures having the power to impeach state officials, including governors. Local governments, tribal governments, and some US territories also have impeachment procedures.
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Impeachment at the state level
Impeachment proceedings are remedial rather than punitive in nature, 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.
State legislatures can impeach state officials, including governors and judicial officers in every state. In addition, the legislatures of the territories of American Samoa, Northern Mariana Islands, and Puerto Rico have impeachment powers.
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Impeachment of the President
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, section 2). The Constitution also states that 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 and removal from office.
The practice of impeachment originated in Britain and was later adopted by the American colonies and incorporated into state constitutions before the federal Constitution was formed. The impeachment process was considered a way to hold accountable ministers of the Crown who were thought to be outside the control of the criminal courts. This process was modified by the framers of the Constitution, who included it in Article I of the Constitution to address the potential for abuse of executive power.
In impeachment proceedings, the House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. The House has the power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. After the House 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. In the case of presidential impeachment trials, the chief justice of the United States presides.
The Constitution requires a two-thirds vote of the Senate to convict and remove an official from office. The Senate can also, with just a simple majority vote, disqualify an individual from holding public office in the future. The impeachment process is remedial rather than punitive in nature, and as such, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. The president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons.
The House has initiated impeachment proceedings more than 60 times, with roughly a third resulting in full impeachments. Three presidents—Andrew Johnson in 1868, William J. Clinton in 1998, and Donald J. Trump in 2019 and 2021—have been impeached.
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Frequently asked questions
The power to impeach was added to the US Constitution in 1788.
The US Constitution grants the House of Representatives the sole power to impeach federal officials.
The President, Vice President, and all civil officers of the United States can be impeached.
The Constitution outlines that impeachment can be a response to "treason, bribery, or other high crimes and misdemeanors".
After impeachment, there is a trial in the Senate, which can vote by a two-thirds majority to convict an official, removing them from office.
