Eleanor Finch
The word impeach appears in the US Constitution, which outlines the impeachment process and the grounds for impeachment. The Constitution grants the House of Representatives the sole power to impeach federal officials, while the Senate is designated as the sole court for impeachment trials. 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 US Constitution also specifies that the President, Vice President, and all civil officers are subject to impeachment and removal from office.
| 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 impeachments? | The Senate |
| What is required to convict? | A two-thirds vote of the Senate |
| What are the penalties for an impeached official upon conviction? | Removal from office, disqualification from holding public offices in the future, fines, and potential jail time |
| What is impeachment based on? | Treason, bribery, or other high crimes and misdemeanors |
| Can impeachment occur at other levels of government? | Yes, at the state, local, and tribal levels |
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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 means that only the House of Representatives can initiate impeachment proceedings against an official of the federal government. The House of Representatives charges an official by approving articles of impeachment through a simple majority vote.
The practice of impeachment is a fundamental component of the system of "checks and balances" in the US Constitution. It allows Congress to hold federal officials accountable for misconduct or “Treason, Bribery, or other high Crimes and Misdemeanors." The specific definition of "high Crimes and Misdemeanors" is not defined in the Constitution and has been a subject of debate, allowing for flexibility in interpreting what constitutes impeachable offenses.
The House of Representatives has initiated impeachment proceedings against federal officials, including the President, Vice President, federal judges, and other civil officers. Once the House approves articles of impeachment, it sends them to the Senate, which has the sole power to try impeachments, according to Article I, Section 3 of the Constitution. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official.
The Senate requires a two-thirds majority vote to convict an official, resulting in their removal from office. Additionally, the Senate can vote with a simple majority to disqualify an individual from holding future federal office. It is important to note that impeachment proceedings are remedial rather than punitive, and a party may still be subject to criminal or civil trial after removal from office.
In summary, the House of Representatives holds the sole power of impeachment, initiating the process and charging officials through a majority vote. This power is a crucial aspect of the US Constitution's system of checks and balances, ensuring accountability for federal officials. The Senate then takes over the role of trying impeachments and determining the outcome.
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The Senate has the sole power to try impeachments
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" (Article I, Section 2, Clause 5), and assigns the Senate the "sole Power to try all Impeachments" (Article I, Section 3, Clause 6). This means that the House of Representatives initiates impeachment proceedings and brings charges against government officials, while the Senate holds the trial and votes to acquit or convict the impeached official.
The process of impeachment involves bringing charges against a government official for wrongdoing, misconduct, or abuse of power. The House of Representatives can impeach a party with a simple majority vote, which triggers a federal impeachment trial in the Senate. The Senate sits as a High Court of Impeachment, considering evidence, hearing witnesses, and voting on the outcome. The Senate requires a two-thirds majority vote to convict an official, and upon conviction, the penalty is removal from office. The Senate may also, with a simple majority vote, bar an individual from holding future federal office.
The Constitution makes clear that the President, Vice President, and all civil officers of the United States are subject to impeachment. However, the term "civil officer" is not explicitly defined in the Constitution, leading to questions about who exactly falls under this category. The Senate has concluded that members of Congress (representatives and senators) are not considered civil officers for the purposes of impeachment.
Impeachment proceedings are intended to be remedial rather than punitive, and as such, a party may still be subject to criminal or civil trial and prosecution after removal from office. Additionally, the President of the United States cannot grant a pardon to an impeached and convicted person to protect them from the consequences of their conviction.
In summary, the Senate's sole power to try impeachments involves conducting a trial, weighing the evidence, and voting on the outcome. This process is a fundamental component of the system of checks and balances, ensuring accountability for government officials.
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The definition of high crimes and misdemeanors is debated
The definition of "high crimes and misdemeanors" is not specified in the US Constitution and has long been a subject of debate. The phrase was a common term when the Constitution was written and was historically used to cover a broad range of crimes. It is generally agreed that "high crimes and misdemeanors" are not limited to actual crimes, but extend to an abuse or violation of the public trust in carrying out presidential duties.
The Judiciary Committee's 1974 report, "The Historical Origins of Impeachment", stated that "high crimes and misdemeanors" is a "term of art" and that such phrases must be construed according to the intentions of the framers of the Constitution when they adopted them. The report also noted that the phrase has traditionally been considered analogous to other constitutional phrases like "levying war" and "due process".
The phrase "high crimes and misdemeanors" was first used in 1386 when the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk, was impeached. One of the charges alleged that de la Pole broke a promise to Parliament, and another stated that he failed to pay a ransom for Ghent, leading to its fall to the French. The phrase was also used in 1450 when William de la Pole, a descendant of Michael, was impeached for using his influence to obstruct justice, cronyism, and wasting public money. After falling out of use in 1459, Parliament revived the phrase in the early 17th century to try the King's ministers.
In 1799, William Blount was accused of working with the British to profit from a proposed invasion of Florida and Louisiana, indicating that an officer could be impeached for conduct unrelated to their role in government. In 1912, Judge Robert W. Archbald was convicted for using his office to receive financial gains from the coal and railroad industry, and in 1936, Judge Halstead L. Ritter was impeached for income tax evasion. These cases further illustrate the broad range of activities that may constitute "high crimes and misdemeanors".
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The President can be impeached
The President of the United States can be impeached and removed from office. The US Constitution gives Congress the power to impeach federal officials, including the President, Vice President, and "all Civil Officers". The House of Representatives has the sole power of impeachment, and the Senate is the sole court for impeachment trials.
The process of impeachment involves bringing charges against a government official for wrongdoing. The House of Representatives brings articles of impeachment (charges) against an official, and if these 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. In the case of a President, the Chief Justice of the Supreme Court presides over the trial.
The grounds for impeachment are treason, bribery, and "other high crimes and misdemeanors". However, the exact scope of "high crimes and misdemeanors" is not defined in the Constitution and has been debated and fleshed out over time. It has been interpreted to include political offences, personal misconduct, gross neglect, usurpation, and habitual disregard of the public interest.
Impeachment is a political process that acts as a check on the executive branch, ensuring accountability for public actions. It is separate from criminal or civil trials and does not preclude criminal liability. While impeachment is a powerful tool, it is not without controversy, and there are questions about who exactly Congress can impeach and what actions constitute impeachable offences.
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Impeachment can lead to removal from office and disqualification from holding future office
The US Constitution gives the House of Representatives the "sole Power of Impeachment" (Article I, Section 2) and assigns 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 removal from office.
Impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with a penalty of removal. The House of Representatives can impeach a party with a simple majority of members present, triggering a federal impeachment trial in the Senate. The Senate can then vote by a two-thirds majority to convict an official, removing them from office.
The Senate can also vote to bar an individual convicted in a Senate impeachment trial from holding future federal office with a simple majority vote. This is a discretionary judgment, and there is no explicit constitutional linkage to the two-thirds vote on conviction. The Senate has used disqualification sparingly, with only three individuals being disqualified from holding future office.
The Constitution limits the grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", although the scope of "high crimes and misdemeanors" is not formally defined and has been fleshed out over time. The conviction and removal of an official do not preclude criminal liability, and further criminal or civil trials and prosecutions can occur after removal from office.
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Frequently asked questions
The word impeach appears in Article I, Section 2, Clause 5 of the US Constitution, which grants the House of Representatives the sole power of impeachment.
The House of Representatives has the power to impeach federal officials by approving articles of impeachment by a simple majority vote.
The Senate is the sole court for impeachment trials. It tries all impeachments and requires a two-thirds majority vote to convict an official and remove them from office.
The US Constitution states that the President, Vice President, and "all Civil Officers" are subject to impeachment and removal from office. However, the Constitution does not define "Civil Officers".
The US Constitution states that impeachment is for "Treason, Bribery, or other high Crimes and Misdemeanors". However, the exact scope of "high Crimes and Misdemeanors" is not defined in the Constitution and has been debated and fleshed out over time.
