Simone Lawson
The United States Constitution outlines the impeachment process, which allows for the removal of the President, Vice President, and other civil officers of the United States from office. Article I, Section 2, Clause 5 grants the House of Representatives the sole power to impeach, while Article I, Section 3, Clauses 6 and 7 give the Senate the sole power to try impeachments and sanction convicted individuals. The Constitution limits the grounds for impeachment to treason, bribery, or other high crimes and misdemeanors, but does not define the latter term. This process is a fundamental component of the system of checks and balances, ensuring accountability for federal officials.
| Characteristics | Values |
|---|---|
| Who can be impeached? | The President, Vice President, federal judges, and all federal civil officers. |
| Who can impeach? | The House of Representatives. |
| Who tries impeachments? | The Senate. |
| Who presides over the trial? | The chief justice of the Supreme Court. |
| What is required for conviction? | A two-thirds majority vote of the Senate. |
| What are the penalties for an impeached official upon conviction? | Removal from office and disqualification from holding future office. |
| Can an impeached official be pardoned? | No, the President cannot pardon an impeached official. |
| Can an impeached official be tried for the same offence again in a regular court? | Yes, conviction in an impeachment trial does not preclude criminal liability. |
| What are the grounds for impeachment? | "Treason, Bribery, or other high Crimes and Misdemeanors". |
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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
- Impeachment is limited to treason, bribery, or other high crimes and misdemeanors
- Impeachment sanctions are limited to removal from office and a possible bar from holding future office
- Impeachment proceedings do not preclude criminal liability
The House of Representatives has the sole power of impeachment
The United States Constitution grants the House of Representatives the sole power of impeachment. This is outlined in Article I, Section 2, Clause 5, which states that the House of Representatives has the authority to initiate impeachment proceedings against an official of the federal government. The House of Representatives can impeach an official with a simple majority vote, approving articles of impeachment, which are then sent to the Senate.
The impeachment process is a fundamental component of the system of "checks and balances" in the US Constitution. It allows Congress to hold officials accountable for misconduct or "high crimes and misdemeanors." While the Constitution limits the grounds for impeachment to treason, bribery, or high crimes and misdemeanors, the exact definition of "high crimes and misdemeanors" has been a subject of debate and has been fleshed out over time.
The House of Representatives has initiated impeachment proceedings against several officials, including President Donald Trump, Senator William Blount, and various state governors. The House has the discretion to determine when impeachment is appropriate and can structure the rules of its proceedings.
It is important to note that impeachment is primarily a political process, and the judgments and procedures are left to the discretion of the authorities vested with the power to impeach. The House of Representatives, as the initiator of impeachment proceedings, plays a crucial role in this process, ensuring accountability and upholding the principles of democracy.
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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" under Article I, Section 2. This means that the House of Representatives is responsible for initiating impeachment proceedings and charging an official of the federal government with "Treason, Bribery, or other high Crimes and Misdemeanors."
Article I, Section 3, Clause 6 of the Constitution assigns the Senate sole responsibility to try impeachments. This means that after the House of Representatives sends its articles of impeachment, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. The Senate's impeachment rules have remained largely unchanged since their adoption during the trial of President Andrew Johnson.
The Senate's role in impeachment trials is a fundamental component of the system of "checks and balances" established by the Constitution. The Senate has the power to convict and remove from office any official impeached by the House of Representatives. The Constitution requires a two-thirds majority vote of the Senate to convict and remove an official from office. In some cases, the Senate has also used its discretion to disqualify impeached officials from holding public office in the future.
It is important to note that the Senate's power to try impeachments extends to the President of the United States. In the case of presidential impeachment trials, the Chief Justice of the United States presides over the proceedings. The Senate has the authority to convict and remove the President from office, but it cannot impose additional penalties or punishments beyond removal from office.
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Impeachment is limited to treason, bribery, or other high crimes and misdemeanors
The United States Constitution provides that the House of Representatives has the sole power of impeachment. The Senate, on the other hand, has the sole power to try impeachments. 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". The meaning of treason and bribery is relatively clear and well-understood. However, the scope of "high crimes and misdemeanors" is less clear and has been the subject of debate. The Constitution does not define this phrase, and its interpretation has evolved over time through the practice of impeachments in the United States Congress.
"High crimes and misdemeanors" is an ancient phrase that first appeared in the impeachment of the Earl of Suffolk in 1388. While it lacks a formal definition, it is believed to encompass serious conduct that may not constitute indictable offenses. The word "other," which links "high crimes and misdemeanors" with "treason" and "bribery," suggests that the phrase refers to similar types and seriousness of conduct.
Impeachment is a process to hold government officers accountable for violations of the law and abuses of power. It is a political process largely unchecked by the judiciary. It is used to address misconduct, personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest. Impeachment proceedings are remedial rather than punitive, and the penalty for an impeached official is limited to removal from office and potentially disqualification from holding future offices.
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Impeachment sanctions are limited to removal from office and a possible bar from holding future office
The United States Constitution grants 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 Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors", although it does not define "high crimes and misdemeanors". The definition of these has been fleshed out over time, through the practice of impeachments in the United States Congress.
The sanctions for an impeached and convicted individual are limited to removal from office and a possible bar from holding future office. This means that impeachment proceedings are remedial rather than punitive in nature. As such, a party may 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 Senate can vote with a simple majority to bar an individual convicted in a Senate impeachment trial from holding future federal office. The Senate has used disqualification sparingly, with only three individuals being disqualified from holding future office.
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Impeachment proceedings do not preclude criminal liability
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". The president, vice president, and all civil officers of the United States are subject to impeachment.
Impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. The federal House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office.
The Constitution limits the grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not define "high crimes and misdemeanors". While the meaning of treason and bribery is relatively clear, the scope of high crimes and misdemeanors lacks a formal definition and has been fleshed out over time.
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. The removed official may still be liable to criminal prosecution under a subsequent criminal proceeding. The president may not grant a pardon in the impeachment case, but may in any resulting federal criminal case.
The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office. However, the conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law" in the regular federal or state courts.
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Frequently asked questions
Article I, Section 2, Clause 5 grants the House of Representatives the sole power of impeachment. Article I, Section 3, Clause 6 assigns the Senate sole responsibility to try impeachments.
The President, Vice President, federal judges, and all civil officers of the United States can be impeached.
The Constitution limits grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors".
The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After this, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
If found guilty, the official is removed from office and may be barred from holding elected office again. If they are not found guilty, they may continue to serve in office.
