Eleanor Finch
The United States Constitution contains several provisions relevant to the impeachment of federal officials. Article I, Section 2, Clause 5 grants the House of Representatives the sole power of impeachment, while Article I, Section 3, Clauses 6 and 7 assign the Senate sole responsibility for trying impeachments and outline the sanctions for those impeached and convicted. Article II, Section 4 defines impeachable officials and misconduct, and Article III, Section 2, Clause 3 specifies that trials, except in cases of impeachment, shall be by jury. These sections outline the process and authority for impeachment proceedings, which are a crucial check on the executive and judicial branches of government.
| Characteristics | Values |
|---|---|
| Section | II, § 4; Article II, Section 4 |
| Who can be impeached? | The President, Vice President, and all Civil Officers of the United States |
| Grounds for impeachment | Treason, Bribery, or other high Crimes and Misdemeanors |
| Who can impeach? | The House of Representatives |
| Who tries impeachments? | The Senate |
| Who presides over the trial? | Chief Justice of the Supreme Court (in the case of the President) |
| Who is not subject to impeachment? | Members of Congress (representatives and senators) |
| Penalty | Removal from office, disqualification from holding future office |
| Pardon | The President does not have the power to pardon in cases of impeachment |
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What You'll Learn
Who can be impeached?
Article II, Section 4 of the US Constitution outlines the impeachment process and who can be impeached. The Constitution grants Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States from office.
The House of Representatives has the sole power to initiate impeachment proceedings, while the Senate is the sole court for impeachment trials. The House of Representatives can impeach an official with a simple majority vote, triggering a federal impeachment trial in the Senate. The Senate can then vote by a two-thirds majority to convict and remove an official from office.
The Constitution defines impeachable offences as "treason, bribery, or other high crimes and misdemeanors". While the meanings of "treason" and "bribery" are relatively clear, the scope of "high crimes and misdemeanors" is less defined and has been interpreted more broadly to include political offences, personal misconduct, gross neglect, usurpation, or habitual disregard of the public interest.
In addition to the President, Vice President, and civil officers, federal judges and cabinet-level officials can also be subject to impeachment. Members of Congress (Representatives and Senators) are not considered "civil officers" and are therefore not subject to impeachment, but they can be expelled by a two-thirds vote of their respective chambers.
Impeachment can also occur at the state, local, and tribal government levels if provided for under their respective constitutions or governing documents.
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Who can perform an impeachment?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct, with the penalty of removal from office. The federal House of Representatives has the sole power of impeachment, as provided by Article I, Section 2, Clause 5 of the United States Constitution. This means that the House of Representatives can impeach an official with a simple majority vote, approving the articles of impeachment.
The House of Representatives serves as the prosecutor in impeachment trials, with a committee of representatives called "managers" acting as prosecutors before the Senate. The Senate, on the other hand, has the sole power to try all impeachments, as outlined in 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. A two-thirds majority vote is required to convict and remove an official from office.
It is important to note that the President of the United States does not have the power to pardon in cases of impeachment. Additionally, impeachment may occur at the state level if provided for in the state constitution, and it can also be a practice in tribal and local governments.
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What are the grounds for impeachment?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for alleged misconduct, with the penalty being removal from office. The grounds for impeachment are outlined in Article II, Section 4 of the Constitution, which states that the President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, "treason, bribery, or other high crimes and misdemeanors".
The Constitution gives Congress the authority to impeach and remove these officials upon a determination that they have engaged in such acts. The term "high crimes and misdemeanors" is not defined in the Constitution, but it has been interpreted to include criminal behaviour and gross criminal behaviour. The scope of this power has been the subject of much debate, with some arguing that it should be limited to criminal behaviour.
The impeachment process can be initiated by a member of the House of Representatives, who presents a list of charges under oath, or by non-members such as a special prosecutor, the president, or a state or territorial legislature. The House debates the resolution and votes on it, requiring a simple majority for it to pass. If the House votes to impeach, managers are selected to present the case to the Senate, who are roughly equivalent to the prosecution in a standard criminal trial. The Senate then reviews the evidence and votes to convict or acquit.
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 and prosecution after removal from office. Additionally, the President of the United States cannot grant a pardon to impeached and convicted persons.
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What are the sanctions for an impeached individual?
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed. The sanctions for an impeached individual are limited to removal from office and potentially a bar from holding future office. However, an impeachment proceeding does not preclude criminal liability. The President of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial.
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 Senate can also, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office. The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.
The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The Constitution does not articulate who qualifies as a "civil officer of the United States". Federal judges are subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", including a head of an agency such as a secretary, administrator, or commissioner, is a "civil officer of the United States" subject to impeachment. The Constitution is silent about who would preside in the case of the impeachment of a vice president.
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Can an impeached official be tried after they leave office?
The impeachment process in the United States is outlined in Article II, Section 4 of the Constitution, which states that "The President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors." This process can be applied to federal officials, including the president, vice president, and judges, and is carried out by Congress.
The impeachment process begins in the House of Representatives, where a simple majority vote is required to impeach an official. This vote is based on the findings of an investigation into the official's conduct, which may be initiated by the House Judiciary Committee. If the House votes to impeach, the process then moves to the Senate for a trial.
During the Senate trial, senators act as jurors and are sworn to uphold impartiality. A two-thirds majority vote is required to convict and remove an official from office. If convicted, the official is immediately removed from their position and may also be disqualified from holding future office, with the Senate having the option to vote on this disqualification.
Now, addressing the question, "Can an impeached official be tried after they leave office?":
The Constitution does not explicitly address whether an official can be impeached and tried by the Senate after they have left office. However, historical precedent and legal interpretations suggest that impeachment proceedings can continue even after an official's term has ended. This understanding is based on the idea that impeachment serves not only as a removal process but also as a form of accountability and justice.
There have been instances in American history where impeachment proceedings continued even after the official in question had resigned or left office. One notable example is the case of Secretary of War William Belknap in 1876. Belknap resigned just hours before the House voted to impeach him. The House still proceeded with impeachment, and the Senate subsequently held a trial, despite Belknap no longer being in office. This case set a precedent suggesting that impeachment can proceed even after an official's resignation or departure from office.
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Frequently asked questions
Article II, Section 4 of the US Constitution talks about impeachment.
Article II, Section 4 states that the President, Vice President, and all Civil Officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
The House of Representatives has the sole power of impeachment and begins the process by filing articles of impeachment. The Senate then tries the impeachment, and if two-thirds of the Senate votes to convict the official, Congress will remove them from office.
No, the President does not have the power to pardon someone who has been impeached.
No, members of Congress are not considered "civil officers" and therefore cannot be impeached. However, they can be expelled from Congress by a two-thirds vote from their respective chambers.
