Simone Lawson
The impeachment power is described in the United States Constitution, which grants the House of Representatives the sole power of impeachment in Article I, Section 2, Clause 5. The Constitution also gives the Senate the sole power to try all impeachments in Article I, Section 3, Clause 6. The impeachment process is a fundamental component of the system of checks and balances and allows Congress to charge and try federal officials for treason, bribery, or other high crimes and misdemeanors. The practice of impeachment originated in England and was later adopted by the American colonial and state governments.
| Characteristics | Values |
|---|---|
| Impeachment power in the US Constitution | Granted to Congress, which can impeach federal officials |
| Impeachment process | The House of Representatives brings charges and impeaches officials, then the Senate tries the official |
| Grounds for impeachment | Treason, bribery, or other high crimes and misdemeanors |
| Conviction | Requires a two-thirds majority vote in the Senate |
| Penalty for impeachment | Removal from office, potential disqualification from holding future office, and possible criminal trial |
| Origin of impeachment power | Derived from English practice, also used by colonial and state governments in America |
| Role of the President | Cannot grant pardons in cases of impeachment |
| Role of the Chief Justice | Presides over presidential impeachment trials |
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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 allows the House to bring charges against government officials for wrongdoing, misconduct, or "Treason, Bribery, or other high Crimes and Misdemeanors." The House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents.
The impeachment process begins when a lawmaker introduces an impeachment resolution or when the House passes a resolution authorizing an inquiry. The Committee on the Judiciary ordinarily has jurisdiction over impeachments, but special committees have also investigated charges. The committee then chooses whether to pursue articles of impeachment against the accused official and report them to the full House. If the House adopts the articles by a simple majority vote, the official has been impeached.
The House of Representatives plays a crucial role in impeachment proceedings by charging an official of the federal government. This charge is made by approving articles of impeachment through a simple majority vote. Once the articles of impeachment are sent to the Senate, the House's role shifts to managing the prosecution during the impeachment trial, with a committee of representatives acting as prosecutors.
It's important to note that the House of Representatives' sole power of impeachment is a fundamental component of the system of "checks and balances" in the US government. This power allows the legislative branch to hold the executive branch accountable for any wrongdoing or misconduct, ensuring that the President and other civil officers are subject to the rule of law.
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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" and that "the Senate shall have the sole Power to try all Impeachments". This means that the House of Representatives can bring charges against a government official, and if the official has been impeached, the Senate will hold 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.
The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public office in the future. The sanctions for an impeached and convicted individual are limited to removal from office and potentially a bar from holding future office, but an impeachment proceeding does not preclude criminal liability.
The Senate's impeachment rules have remained largely the same since their adoption during the trial of President Andrew Johnson. The president, vice president, and all civil officers of the United States are subject to impeachment. The power of impeachment can both remove someone from office and, should Congress vote to do so, also disqualify an impeached individual from holding future office.
The practice of impeachment originated in England and was later used by many of the American colonial and state governments. As adopted by the framers of the Constitution, this congressional power is a fundamental component of the system of "checks and balances". Through the impeachment process, Congress charges and then tries an official of the federal government for "Treason, Bribery, or other high Crimes and Misdemeanors".
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Impeachment is a check on executive power
The impeachment power is described in Article I of the US Constitution, which states that the House of Representatives "shall have the sole Power of Impeachment" and that the Senate "shall have the sole Power to try all Impeachments". This power is a fundamental component of the system of "'checks and balances'" and acts as a check on executive power.
Impeachment is a process that allows Congress to bring charges against a government official for wrongdoing, including treason, bribery, and other high crimes and misdemeanors. The House of Representatives brings articles of impeachment 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, with the Chief Justice of the United States presiding in the case of presidential impeachment trials.
The impeachment process can result in the removal of an official from office and, in some cases, disqualification from holding future office. It is an important tool for holding government officials accountable for their actions and ensuring that they do not abuse their power.
During the Constitutional Convention, the Framers addressed many aspects of impeachment, including the venue and process for impeachment trials, what actions warranted impeachment, and the likelihood of conviction. The Framers recognized the importance of impeachment as a check on executive power, ensuring that it was included in the Constitution even before the contours of the presidency were fully defined.
Impeachment has been used throughout US history to hold government officials accountable, including presidents, cabinet secretaries, and senators. It is a powerful tool for ensuring that those in executive positions do not abuse their power and are held responsible for their actions.
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Impeachment is derived from English practice
The impeachment process in the United States is derived from English practice. The word "impeachment" likely comes from the Old French "empeechier" and the Latin "impedire", expressing the idea of catching or ensnaring by the "foot" (pes, pedis). The process was first used by the English "Good Parliament" against William Latimer, 4th Baron Latimer, in the second half of the 14th century.
Following the English example, the constitutions of Virginia (1776) and Massachusetts (1780) adopted the impeachment mechanism. However, they restricted the punishment to removal from office, in contrast to the English Parliament's broad power to punish impeachments. The impeachment process in England was later adopted by many of the American colonies and state governments.
In England, impeachment was a way for Parliament to hold the king's ministers accountable for their public actions. Similarly, in the American colonies, impeachment was primarily used to address misconduct in office by officeholders. The colonies used a bifurcated process, with charges brought by a colonial legislature's lower chamber and tried in its upper chamber. This is similar to the modern practice of an impeachment vote followed by an impeachment trial.
The Framers of the US Constitution included impeachment in Article I, even before they defined the presidency in Article II. This demonstrates the importance they placed on impeachment as a check on executive power. The Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments".
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Grounds for impeachment: treason, bribery, and other high crimes and misdemeanors
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2). The Constitution also grants 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 and can be removed from office for "treason, bribery, or other high crimes and misdemeanors" (Article II, section 4).
The grounds for impeachment, as outlined in the Constitution, include treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood terms with established definitions, the phrase "high crimes and misdemeanors" has been the subject of debate due to its indefinite nature. The framers of the Constitution chose these specific offences as they represent "constitutional wrongs that subvert the structure of government, or undermine the integrity of office and even the Constitution itself".
Treason is defined in the Constitution as "levying War" against the United States or "adhering to their Enemies, giving them Aid and Comfort". Bribery, while not explicitly defined in the Constitution, has a clear common-law meaning and is established as a federal criminal offence. The Act of April 30, 1790, defines bribery as a "federal criminal offense", and the federal criminal code defines it as offering or receiving anything of value with the intent to influence a public official.
The phrase "high crimes and misdemeanors" has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388. The framers of the Constitution chose to include this phrase to encompass a broader range of misconduct beyond treason and bribery. While the exact meaning of this phrase is debated, it is generally understood to refer to egregious presidential misconduct that undermines the integrity of the office or the Constitution.
In summary, the grounds for impeachment of federal officials, as outlined in the Constitution, include treason, bribery, or other high crimes and misdemeanors. While treason and bribery have established definitions, "high crimes and misdemeanors" is a more flexible phrase that allows for the impeachment of officials who engage in misconduct that threatens the integrity of their office or the Constitution.
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Frequently asked questions
The impeachment process is described in Article I and Article II of the US Constitution.
Impeachment is the process of bringing charges against a government official for wrongdoing. A trial may be held, and the official may be removed from office.
The president, vice president, and all civil officers of the United States are subject to impeachment.
The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors".
