Eleanor Finch
Impeachment is a process that can be found in the constitutional laws of many countries, including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and notably, the United States. In the US, the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try impeachments. The impeachment process at the federal level typically involves three steps: an impeachment inquiry, impeachment by the House of Representatives, and a trial by the United States Senate. This process is a fundamental component of the system of checks and balances and allows for the removal of government officials who have committed serious abuses of power.
| Characteristics | Values |
|---|---|
| Country | United States |
| Power to impeach | House of Representatives |
| Power to try impeachments | Senate |
| Conviction requirement | Two-thirds of the Members present |
| Who can be impeached | President, Vice President, civil officers of the United States |
| Grounds for impeachment | Treason, bribery, or other high crimes and misdemeanors |
| Impeachment process | Inquiry, House vote, Senate trial |
| Trial procedure | Chief Justice presides, Senate hears witnesses, votes to acquit or convict |
| Penalty | Removal from office, possible disqualification from future office |
| Other government bodies with impeachment powers | State legislatures, tribal governments |
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What You'll Learn
The House of Representatives has the sole power of impeachment
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" in Article I, Section 2. This power has been exercised over 60 times, resulting in 21 impeachments, including three presidents. The House of Representatives has the authority to bring articles of impeachment, or charges, against government officials, including the president, vice president, federal judges, and other civil officers of the United States.
The impeachment process typically consists of three steps. First, the House conducts an impeachment inquiry to investigate the allegations. Second, the House must pass articles of impeachment by a simple majority vote, which constitutes a formal accusation. At this point, the accused official is considered impeached. Third, the Senate tries the accused, with the chief justice of the United States presiding in the case of presidential impeachment.
The House of Representatives follows general procedural principles outlined in Jefferson's Manual, published in the Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States. These procedures include references to precedents and English parliamentary practices. The House Committee on the Judiciary plays a crucial role in determining, by majority vote, whether grounds for impeachment exist. The House then debates the resolution and votes on each article of impeachment individually, requiring a simple majority for each article to pass.
It is important to note that impeachment is a political process that serves as a check on executive power. The House of Representatives, through its sole power of impeachment, holds government officials accountable for "Treason, Bribery, or other high Crimes and Misdemeanors." The specific definition of "high Crimes and Misdemeanors" has been a subject of debate and has evolved through the practice of impeachments in the United States.
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The Senate has the sole power to try impeachments
The United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" (Article I, Section 2, Clause 5), while the Senate has the "sole Power to try all Impeachments" (Article I, Section 3, Clause 6). This means that the Senate is responsible for conducting impeachment trials and determining whether to convict or acquit the impeached official.
The impeachment process at the federal level typically follows a three-step procedure. The first phase is an impeachment inquiry, which is not always required. The two constitutionally mandated steps are impeachment by the House of Representatives and trial by the United States Senate. The House investigates and approves articles of impeachment by a simple majority vote, which constitutes a formal allegation. Once the House passes the articles of impeachment, the defendant is considered impeached, and the process moves to the Senate for trial.
During the Senate trial, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote on whether to acquit or convict the impeached official. A committee of representatives, known as "managers," acts as prosecutors before the Senate. The Senate's usual presiding officer, the Vice President of the United States, presides over the trial in the case of the impeachment of any official other than the President. In the case of presidential impeachment trials, the Chief Justice of the United States presides.
To convict and remove an impeached official from office, the Senate must approve the articles of impeachment by a two-thirds majority vote. This high threshold underscores the seriousness of the impeachment process. The Senate may also disqualify convicted officials from holding public offices in the future, ensuring they cannot regain elected positions.
The Senate's power to try impeachments is a crucial component of the system of checks and balances established by the Constitution. It ensures that the impeachment process is thorough, fair, and deliberative, allowing the Senate to act as a court of impeachment and make informed decisions regarding the fate of impeached officials.
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The definition of high crimes and misdemeanors
The procedures for impeachment are outlined in the United States Constitution, which grants impeachment powers to Congress. Article I, Section 2 of the Constitution states that the House of Representatives "shall have the sole Power of Impeachment", while Section 3 states that the Senate "shall have the sole Power to try all Impeachments".
The definition of "high crimes and misdemeanors", as outlined in Article Two, Section 4 of the Constitution, has been a subject of ambiguity and debate. The phrase refers to misconduct by officials, including ordinary crimes, but with different standards of proof and punishment than for non-officials. "High crimes" refer to activities by or against those who have special duties acquired by taking an oath of office, which is not shared with ordinary persons. These are crimes that can only be committed by someone in a unique position of political authority.
The phrase "high crimes and misdemeanors" was first used in the impeachment of Michael de la Pole, 1st Earl of Suffolk in 1386. He was charged with breaking a promise to Parliament and failing to pay a ransom for Ghent, which led to the city falling to the French. The phrase was used again in 1450 when William de la Pole, 1st Duke of Suffolk, was impeached for using his influence to obstruct justice, cronyism, and wasting public money. Impeachment fell out of use after 1459 but was revived in the early 17th century to try the King's ministers. In 1621, the King's Attorney General, Sir Henry Yelverton, was impeached for failing to prosecute and using authority prematurely.
The term "high crimes and misdemeanors" was offered by George Mason as one of the criteria to remove public officials who abuse their office. The definition does not relate to specific offences but to acts that impede a constitutional officer's capacity to execute their duties or grossly violate public trust. It is not limited to actual crimes but extends to an abuse or violation of the public trust in carrying out presidential duties.
The question of impeachment depends on political and moral principles, rather than a strict legal definition. It is a process to protect the public and encourage those with political power to uphold the responsibilities of their office.
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Impeachment is not punitive in nature
The procedures for impeachment in the US Constitution are as follows: the House of Representatives has the sole power of impeachment, and the Senate has the sole power to try impeachments. The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. 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.
The power of impeachment was never intended for punishment. Instead, it is a method to address wrongdoing by government officials, including treason, bribery, and other high crimes and misdemeanors. The definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been the subject of debate. However, it is interpreted in a broader parliamentary sense, including grave political offenses, corruption, maladministration, or neglect of duty involving moral turpitude, arbitrary and oppressive conduct, and even gross improprieties.
Because impeachment is not punitive, a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. This means that the consequences of impeachment can be significant, even if they are not considered punishment in the traditional sense.
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Impeachment procedures in other countries
The practice of impeachment originated in England and was later used by many of the American colonial and state governments. It is provided for in the constitutional laws of many countries, including Brazil, France, India, Ireland, the Philippines, Russia, and South Korea.
In Latin America, which includes almost 40% of the world's presidential systems, ten presidents from seven countries were removed from office by their national legislatures via impeachment or declarations of incapacity between 1978 and 2019. National legislations differ regarding the consequences and definition of impeachment, but the intent is nearly always to expeditiously vacate the office. Most commonly, an official is considered impeached after the commencement of the charges, and a trial of some kind is required to remove the official from office. Because impeachment involves a departure from the normal constitutional procedures by which individuals achieve high office, it is usually reserved for those deemed to have committed serious abuses of their office.
In South Korea, the President, the Prime Minister, members of the State Council, heads of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, and the chairperson and members of the Board of Audit are all officials who can be impeached.
In England, impeachment was used as early as 1376, and one source places the first impeachment in 1283. A more fixed procedure appears to have begun in 1399 with the passage of the statute of I Henry IV, c. 14. The process was first used by the English Good Parliament against William Latimer, 4th Baron Latimer, in the second half of the 14th century. Unlike in modern America, impeachment in England could also be used to try non-officeholders and give criminal penalties.
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Frequently asked questions
Impeachment is the process of bringing charges against a government official for wrongdoing.
The president, vice president, and all civil officers of the United States are subject to impeachment. Federal judges are also subject to impeachment.
The House of Representatives has the sole power of impeachment.
The impeached official is tried by the Senate, which has the sole power to try impeachments. The penalty for an impeached official upon conviction is removal from office. In some cases, the official may be disqualified from holding public office in the future.
The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors. The definition of "high crimes and misdemeanors" is not specified in the Constitution and has been the subject of debate.
