Omar Bennett
Impeachment is a process that allows Congress to bring charges against a government official for wrongdoing. The House of Representatives has the sole power of impeachment and charges an official by approving articles of impeachment. The Senate then tries the official and can convict them with a two-thirds majority. The official is then removed from office and may be barred from holding future office. While the President of the United States can be impeached, Members of Congress are not civil officers and are not subject to impeachment and removal.
| Characteristics | Values |
|---|---|
| Power to impeach | House of Representatives |
| Power to try impeachments | Senate |
| Officials subject to impeachment | President, Vice President, civil officers of the United States, federal judges |
| Sanctions for an impeached and convicted individual | Removal from office, bar from holding future office |
| Impeachment proceedings do not preclude | Criminal liability |
| President's power | Does not extend to cases of impeachment |
| Officials impeached while in office | Remain subject to trial, conviction, and imposition of penalty even after leaving office |
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What You'll Learn
- The House of Representatives has the sole power of impeachment
- The Senate tries impeachments and requires a two-thirds majority to convict
- Impeachment applies to the President, Vice President, and all civil officers
- Grounds for impeachment include treason, bribery, and other high crimes
- An impeached official may be removed from office and disqualified from holding future office
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 also states that the House may impeach an official with a simple majority vote. The House of Representatives has impeached several officials, including Senator William Blount of Tennessee in 1797 and, more recently, Rod Blagojevich, the former Illinois governor, in 2009.
The House of Representatives has initiated impeachment proceedings against officials for "Treason, Bribery, or other high Crimes and Misdemeanors". However, the definition of "high Crimes and Misdemeanors" is not specified in the Constitution and is subject to interpretation. The House has the authority to structure the rules of its impeachment proceedings, and this power is largely unchecked by other branches of government.
Once the House of Representatives approves articles of impeachment, they are sent to the Senate, which has the sole power to try impeachments. 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 is required to convict and remove an official from office. The Senate may also bar an individual from holding future federal office with a simple majority vote.
The impeachment process is a fundamental component of the system of checks and balances established by the Constitution. It allows Congress to hold federal officials accountable for their actions. The process originated in England and was later adopted and modified by the American colonies and state governments.
While the House of Representatives has the sole power of impeachment, it is important to note that impeachment does not extend to members of Congress, who are not considered "civil officers" subject to impeachment and removal.
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The Senate tries impeachments and requires a two-thirds majority to convict
The United States Constitution grants the House of Representatives "the sole Power of Impeachment" in Article I, Section 2. It also states in Article I, Section 3, that "the Senate shall have the sole Power to try all Impeachments," but a two-thirds majority of the Senate is required to convict. The president, vice president, and all civil officers of the United States are subject to impeachment.
The House of Representatives initiates impeachment proceedings by bringing charges, known as articles of impeachment, against an official. If a simple majority in the House approves the articles, the official is impeached and the process moves forward to the Senate. The Senate then holds an impeachment trial, with the chief justice of the United States presiding in the case of a presidential impeachment trial.
During the trial, the Senate considers evidence, hears witnesses, and deliberates in a closed session. Following the deliberation, the Senate votes on the conviction of the articles of impeachment in an open session, with the names and votes of each senator recorded. A conviction requires a two-thirds majority of those present. If a two-thirds majority is not achieved, the accused official is acquitted and remains in office.
If a public official is convicted on at least one article of impeachment, the presiding officer announces the conviction and removal of the official from their office. The Senate can also decide to bar the individual from holding public office in the future. The penalty for an impeached official is removal from office, and they may be disqualified from holding future offices.
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Impeachment applies to the President, Vice President, and all civil officers
The United States Constitution grants the House of Representatives the "sole Power of Impeachment". The Senate, on the other hand, has 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 of bringing charges against a government official for wrongdoing. The House of Representatives brings articles of impeachment (charges) against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate then holds an impeachment trial. In the case of a presidential impeachment trial, the chief justice of the United States presides.
The Constitution allows Congress to impeach federal officials and try them for "Treason, Bribery, or other high Crimes and Misdemeanors". The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been debated. An impeachment inquiry may require the House to determine the President's motives and whether he used power in forbidden ways.
It is important to note that Members of Congress are not considered civil officers subject to impeachment and removal. Federal judges, on the other hand, are subject to impeachment. The Senate has concluded that an official impeached while in office remains subject to trial, conviction, and disqualification even after leaving office.
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Grounds for impeachment include treason, bribery, and other high crimes
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 can be impeached and removed from office for treason, bribery, or other high crimes and misdemeanors.
While the types of conduct constituting treason and bribery are relatively well-understood, the scope of high crimes and misdemeanors lacks a formal definition and has been fleshed out over time. The meaning of "high crimes and misdemeanors" is not defined in the Constitution or in statute law, and it has been left to Congress to determine the types of behaviour that qualify as impeachable conduct.
The power of impeachment is a fundamental component of the system of "checks and balances". 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. For example, in 1868, President Andrew Johnson was impeached for violating the Tenure of Office Act. In 1986, Judge Harry E. Claiborne was impeached for providing false information on federal income tax forms.
The House of Representatives brings articles (charges) of impeachment against an official. If the House adopts the articles by a simple majority vote, the official has been impeached. The Senate holds an impeachment trial, and if found guilty, the official is removed from office and may be barred from holding elected office again.
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An impeached official may be removed from office and disqualified from holding future office
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" in Article I, Section 2, and assigns the Senate the "sole Power to try all Impeachments" in Article I, Section 3. The president, vice president, and all civil officers of the United States are subject to impeachment.
An official may be impeached for "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been debated. Once the House of Representatives approves articles of impeachment by a simple majority vote, the official has been impeached, and the Senate holds an impeachment trial.
If the impeached official is found guilty by a two-thirds vote of the Senate, they are removed from office and may be disqualified from holding public offices in the future. This penalty has been imposed by the Senate on various occasions, even after the official has left office. However, impeachment does not preclude criminal liability, and further legal proceedings may take place.
The impeachment process is a crucial tool for holding government officials accountable for violations of the law and abuses of power. It serves as a check on the Executive and Judicial Branches, ensuring that those in positions of power are subject to scrutiny and justice.
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Frequently asked questions
The President, Vice President, and all civil officers of the United States can be impeached.
The House of Representatives has the sole power of impeachment.
The Senate has the sole power to try impeachments.
The sanctions are limited to removal from office and potentially a bar from holding future office.
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