Simone Lawson
The United States Constitution outlines the impeachment process, which allows Congress to charge and try federal officials for treason, bribery, or other high crimes and misdemeanors. The House of Representatives has the sole power of impeachment, as stated in Article I, Section 2, while the Senate has the sole power to try all impeachments, as outlined in Article I, Section 3. The Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the accused. The Chief Justice presides over the Senate during the trial, and a two-thirds majority is required for conviction. The impeachment process is a fundamental component of the system of checks and balances and has been a subject of debate and controversy throughout US history.
| Characteristics | Values |
|---|---|
| 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 the impeachment? | The Senate |
| What is required for conviction? | Two-thirds of the Members of the Senate must concur |
| What are the grounds for impeachment? | Treason, Bribery, or other high Crimes and Misdemeanors |
| What are the consequences of impeachment? | Removal from Office, disqualification from holding future federal office, and legal liability |
| Who presides over the trial? | The Chief Justice of the United States Supreme Court |
| Can a former official be impeached? | Yes, the Senate has the discretion to try a former official |
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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 Senate can bar convicted individuals from holding federal office
- The Senate continued impeachment proceedings against William Blount after his expulsion
- The President can be impeached and tried
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, Clause 5. This power enables the House to initiate impeachment proceedings against federal officials, including the President, Vice President, and civil officers of the United States. The House can impeach an official with a simple majority vote, which constitutes a formal charge or accusation.
The House of Representatives' role in impeachment is a critical component of the system of checks and balances established by the Constitution. It serves as a mechanism to hold federal officials accountable for their actions and ensure they uphold the public trust. The House has the authority to determine the rules and procedures for impeachment, including the criteria for what constitutes an impeachable offense. This power allows the House to adapt the impeachment process to the specific circumstances and considerations of each case.
Historically, the House has exercised its impeachment power on several occasions, including the impeachment of President Andrew Johnson in 1868, who was later acquitted by the Senate. The House has also demonstrated its willingness to initiate impeachment proceedings even after an official has resigned, as seen in the case of William W. Belknap, who was impeached by the House shortly after resigning as United States Secretary of War.
The House's power of impeachment is distinct from the role of the Senate in the impeachment process. While the House has the sole authority to impeach, the Senate serves as the sole court for impeachment trials, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. This separation of powers between the House and the Senate ensures a balanced and deliberative approach to impeachment proceedings, allowing for a thorough investigation and judgment of the charges brought by the House.
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The Senate has the sole power to try impeachments
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and that "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 impeachment process allows Congress to charge and try an official of the federal government for "treason, bribery, or 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. 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. A committee of representatives, called "managers," act as prosecutors before the Senate.
The Senate's role as the sole court for impeachment trials was a controversial decision made by the Framers of the Constitution. James Madison and Charles Cotesworth Pinckney argued that giving the Senate this power would make the president too dependent on the legislative branch. They suggested alternative trial bodies, such as the Supreme Court or the chief justices of the state supreme courts. However, Hamilton and others countered that such bodies would be too small and susceptible to corruption. Ultimately, the Framers decided to follow the British example, where the lower house brings charges and the upper house considers them at trial.
The Senate can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, bar an individual convicted in a Senate impeachment trial from holding future federal office.
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The Senate can bar convicted individuals from holding federal office
The United States Constitution gives the House of Representatives the "sole Power of Impeachment" (Article I, section 2) and the Senate 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 Senate can vote with a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, bar an individual convicted in a Senate impeachment trial from holding future federal office. This is because impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office and disqualification from holding future office.
The Constitution does not specify the definition of "high Crimes and Misdemeanors", which has long been a subject of debate. This has been a question since 1789, with debate surrounding whether misdemeanors are lesser crimes or merely misconducts, and whether a high crime or misdemeanor must be a violation of written law.
The Senate has the power to disqualify convicted individuals from holding federal office in the future, which is a significant aspect of the impeachment process.
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The Senate continued impeachment proceedings against William Blount after his expulsion
The U.S. 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.
In 1797, the Senate continued impeachment proceedings against Senator William Blount of Tennessee even after he had been expelled from office. Blount was accused of instigating an insurrection of American Indians to further British interests in Florida. The House formally impeached Blount before the Senate on July 7, 1797, but did not enumerate the charges against him until the following February. The Senate spent several months preparing for Blount's trial, defining the scope of its power to try impeachments, appointing a Sergeant-at-Arms, and debating impeachment trial procedures.
The central question of Blount's impeachment trial was whether a senator was a "civil officer" and therefore subject to impeachment. The Senate ultimately dismissed the case against Blount in January 1799 on jurisdictional grounds, setting a precedent that still holds today—that a U.S. senator cannot be impeached.
The impeachment trial of William Blount established the principle that Members of Congress and Senators are not "Civil Officers" under the Constitution. As such, they can only be removed from office by a two-thirds vote for expulsion by their respective chambers. The Constitution does not articulate who qualifies as a "civil officer of the United States", and the definition of "high Crimes and Misdemeanors" has long been debated.
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The President can be impeached and tried
The President of the United States can be impeached and tried. The House of Representatives has the "sole Power of Impeachment" according to Article I, Section 2, Clause 5 of the United States Constitution. The Senate, on the other hand, has the "sole Power to try all impeachments" as per Article I, Section 3. The President, Vice President, and all civil officers of the United States are subject to impeachment.
The impeachment process involves the House of Representatives charging an official of the federal government with "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" is not specified in the Constitution and has been a subject of debate. The House of Representatives charges an official by approving, through a simple majority vote, the articles of impeachment.
After the House of Representatives 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. A committee of representatives, called "managers," act as prosecutors before the Senate. The Chief Justice of the United States Supreme Court presides over the Senate during the trial of a President.
For an official to be convicted, a two-thirds majority of the Senate members present is required. If found guilty, the official is removed from office and may be barred from holding elected office again. If the official is not found guilty, they may continue to serve in office.
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Frequently asked questions
Article I, Section 3 of the US Constitution states that the Senate shall have the "sole Power to try all Impeachments". This makes the Senate the sole court for impeachment trials.
Article I, Section 2 of the US Constitution states that the House of Representatives shall have the "'sole Power of Impeachment".
The Constitution states that impeachment can be levied for "Treason, Bribery, or other high Crimes and Misdemeanors". The definition of "high Crimes and Misdemeanors" has been debated since 1789, with no clear consensus.
