Jonah Patel
The United States Constitution provides that the President, Vice President, and civil officers can be impeached for treason, bribery, or other high crimes and misdemeanors. While treason and bribery are well-understood, the phrase high crimes and misdemeanors is not defined in the Constitution or statute law, and its meaning has been debated and fleshed out over time through the practice of impeachments in Congress. The impeachment process is a political one, largely unreviewable by the judiciary, and informed by historical practice and precedent.
| Characteristics | Values |
|---|---|
| Impeachable offences | Treason, Bribery, Corruption, Mal-practice, Neglect of Duty, Maladministration, High Crimes and Misdemeanors |
| Who can be impeached? | President, Vice President, Civil Officers of the United States |
| Who can impeach? | House of Representatives |
| Who tries impeachments? | Senate |
| Sanctions | Removal from office, disqualification from holding federal office in the future |
| Impeachment proceedings | Informed by historical practice, not judicial decisions |
| Impeachment vs. criminal liability | Impeachment is a political process, not subject to judicial review |
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What You'll Learn
Treason
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct. The federal House of Representatives can impeach a party with a simple majority of the House members present, triggering 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 availability of impeachment in England appears to have depended on whether the offense endangered the government or society. Impeachment was used to corral the power of the Crown and police political offenses committed by ministers and favorites of the King. Impeachment applied to conduct that damaged the state or subverted the government.
In the United States, impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
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Bribery
The United States Constitution provides that the House of Representatives has the sole power of impeachment, while the Senate has the sole power to try all impeachments. The President, Vice President, and all civil officers of the United States are subject to impeachment and removal from office for "treason, bribery, or other high crimes and misdemeanors".
Impeachment is a political process that is largely unreviewable by the Judicial Branch. It is reserved for political crimes and punishments, and the misconduct of public officials. The process has been used to address the abuse of power, personal misconduct, gross neglect, or the usurpation or habitual disregard of the public interest.
In the case of presidential impeachment, the chief justice of the United States presides. A two-thirds vote of the Senate is required to convict, and the penalty is removal from office, and potentially disqualification from holding future office. Impeachment does not preclude criminal liability, and an impeached official may still face criminal charges and penalties.
Since 1789, about half of Senate impeachment trials have resulted in conviction and removal from office. Of the three presidents who have been impeached, none were removed from office.
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High crimes and misdemeanors
The phrase "high crimes and misdemeanors" has been used in the context of impeachment proceedings to describe allegations of misconduct by officials, including ordinary crimes as well as abuses of power or office. While the exact definition of "high crimes and misdemeanors" is not provided in the Constitution or statute law, it is understood to refer to a range of political offences or misdeeds committed by public officials against the state.
The history of the phrase can be traced back to English parliamentary practice, where it was first used in 1386 to impeach the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk. De la Pole was accused of 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 later used in the impeachment of Thomas Wentworth, 1st Earl of Strafford, in 1640, and in subsequent impeachment proceedings in England and the United States.
In the United States, "high crimes and misdemeanors" has been included as a ground for impeachment in the Constitution, along with treason and bribery. The Framers of the Constitution aimed to narrow the scope of impeachable offenses compared to English practice, and restricted impeachment to federal government officers, including the President and Vice President.
The interpretation of "high crimes and misdemeanors" has been a subject of debate, with some arguing that it refers specifically to political crimes and punishments, while others suggest it relates to the abuse or violation of public trust. The lack of a precise definition allows for flexibility in interpretation by the House of Representatives and the Senate.
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Political offences
The US Constitution provides that the House of Representatives has the power of impeachment, and the Senate has the power to try impeachments. The president, vice president, and all civil officers of the United States are subject to impeachment.
The phrase "high crimes and misdemeanors" has been used to describe impeachable offences, but its exact meaning has been debated for centuries. It is generally agreed that treason and bribery fall within its scope, but the term also includes political offences.
Impeachment has been used to remove government officers who abuse their power, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
In the United States, the historical practice of impeachment proceedings, rather than judicial decisions, informs the understanding of the Constitution's meaning in this area.
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Gross criminal behaviour
The US Constitution provides that the grounds for impeachment are treason, bribery, or other high crimes and misdemeanours. While treason and bribery are relatively well-understood terms, the meaning of "high crimes and misdemeanours" is not defined in the Constitution or in statute.
The phrase "high crimes and misdemeanours" has an ancient English history, first appearing in the impeachment of the Earl of Suffolk in 1388. The English House of Lords could convict on a bare majority, while the US Framers required a two-thirds vote of the Senate to remove an officer. The House of Lords could also impose any punishment upon conviction, while the federal Constitution limits the results of impeachment to removal from office and potential disqualification from holding federal office in the future.
In the US, impeachment is essentially a political process that is largely unreviewable by the Judicial Branch. The meaning of "high crimes and misdemeanours" is informed by the history of congressional impeachments, rather than judicial decisions.
In 1833, Joseph Story wrote that "our fathers adopted a Constitution under which official malfeasance and nonfeasance and, in some cases, misfeasance, may be the subject of impeachment, although not made criminal by act of Congress, or so recognised by the common law of England, or of any State of the Union."
In examining the parliamentary history of impeachments, it will be found that many offences, not easily definable by law, and many of a purely political character, have been deemed high crimes and misdemeanours worthy of this extraordinary remedy.
In the centuries following the Constitution's ratification, precisely what behaviour constitutes a high crime or misdemeanour has been the subject of much debate. The scope of the power has been the subject of continuing debate.
Impeachment has been used to remove government officers who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
In summary, while the specific definition of "high crimes and misdemeanours" remains elusive, it is clear that gross criminal behaviour, especially when committed by public officials against the state, can be grounds for impeachment.
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Frequently asked questions
The grounds for impeachment are treason, bribery, or other high crimes and misdemeanors.
The meaning of "high crimes and misdemeanors" is not defined in the Constitution or in statute. It is open-ended and has been interpreted over time through the practice of impeachments in the United States Congress.
Impeachment is a political process that has been used to remove government officials who abuse the power of their office, conduct themselves in a manner incompatible with the purpose and function of their office, or misuse the office for improper or personal gain.
