What is the fundamental definition of impeachment in the United States?

In the United States, impeachment is the formal process by which a legislature brings charges against a civil officeholder, alleging misconduct. This process can lead to removal from office, and it can occur at the federal, state, tribal, and local levels of government, provided the respective governmental body has provisions for it.

What are the two main stages of the federal impeachment process for removal from office?

At the federal level, the two constitutionally required stages for removal are impeachment by the House of Representatives and a subsequent trial by the United States Senate. While an impeachment inquiry often precedes these stages, it is not constitutionally mandated.

Which branch of the federal government has the sole power to impeach an official?

According to Article I, Section 2, Clause 5 of the United States Constitution, the House of Representatives holds the sole power to impeach a federal official. This means the House is responsible for bringing the formal charges.

What is the role of the United States Senate in the federal impeachment process?

The United States Senate has the sole power to try all impeachments. After the House of Representatives impeaches an official, the Senate conducts a trial, and if a two-thirds majority votes to convict, the official is removed from office.

What are the constitutionally defined grounds for impeaching federal officers?

Article II, Section 4 of the U.S. Constitution 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 does not explicitly define what constitutes 'high Crimes and Misdemeanors'.

How does the Constitution address the definition of 'high Crimes and Misdemeanors' for impeachment purposes?

The U.S. Constitution lists 'Treason, Bribery, or other high Crimes and Misdemeanors' as grounds for impeachment but does not provide a specific definition for 'high crimes and misdemeanors' within its text. This lack of explicit definition has led to varying interpretations throughout history.

Who is considered a 'civil officer of the United States' subject to impeachment?

The Constitution grants Congress the authority to impeach 'The President, Vice President, and all civil Officers of the United States.' While not explicitly defined, this category generally includes federal judges and principal officers within the executive branch, such as agency heads or secretaries. Lesser federal employees who do not exercise significant authority are typically not considered subject to impeachment.

Are members of Congress considered 'civil officers' subject to federal impeachment?

No, the Senate has concluded that members of Congress are not 'civil officers' for the purposes of impeachment. Instead, each house of Congress has the power to expel its own members through simpler procedures outlined in Article I, Section 5 of the Constitution.

Can an official be impeached and tried after they have resigned from office or their term has ended?

The Constitution is silent on this matter, but historical precedent shows that both the House and Senate have been willing to proceed with impeachment and trial even after an official resigns. Notable examples include Senator William Blount in 1797, Secretary of War William W. Belknap in 1876, and President Donald Trump in his second impeachment trial, which commenced after his term expired.

What is the typical three-step process for federal impeachment?

The federal impeachment process typically involves three steps: first, an impeachment inquiry (though not always required); second, the House of Representatives voting on articles of impeachment by a simple majority; and third, the Senate conducting a trial, which can lead to conviction and removal from office by a two-thirds supermajority vote.

How does the House of Representatives initiate impeachment proceedings?

Impeachment proceedings can be initiated by a member of the House presenting charges under oath or requesting referral to a committee. Suggestions for impeachment can also come from external bodies like the Judicial Conference of the United States, the President, state legislatures, grand juries, or through petitions. Ultimately, a formal impeachment resolution must be adopted by the full House.

What role do House committees play in the impeachment process?

An impeachment resolution may first be referred to a House committee, often the Committee on the Judiciary, for investigation. This committee may vote on whether grounds for impeachment exist, although this vote is not legally binding. The committee's findings can then be presented to the full House.

What are 'articles of impeachment'?

Articles of impeachment are formal documents that outline the specific grounds and allegations for impeachment against an official. These articles are debated and voted upon by the House of Representatives.

What is required for the House of Representatives to impeach an official?

For the House of Representatives to impeach an official, a simple majority of the members present and voting must approve the articles of impeachment. This vote can occur on each article individually or on the resolution as a whole.

Who presents the case against an impeached official in the Senate trial?

After the House votes to impeach, 'House managers' are selected to present the case to the Senate. These managers function similarly to prosecutors in a criminal trial, arguing the charges outlined in the articles of impeachment.

What is the role of the Chief Justice of the United States in a presidential impeachment trial?

When the President of the United States is on trial for impeachment in the Senate, the Chief Justice of the Supreme Court presides over the proceedings, as stipulated by Article I, Section 3 of the Constitution. For impeachments of other officials, the Vice President (as President of the Senate) or the President pro tempore typically presides.

What are the potential consequences of a conviction in a Senate impeachment trial?

Conviction in an impeachment trial results in automatic removal from office. Additionally, the Senate may vote, by a simple majority, to disqualify the convicted individual from holding any future federal office.

How does the Senate conduct an impeachment trial?

An impeachment trial in the Senate takes the form of a formal trial, where House managers present the prosecution's case and the impeached official has the right to mount a defense. The Senate has the authority to call witnesses, and each side can perform cross-examinations. Senators take an oath to perform their duties honestly and with due diligence.

What is the purpose and impact of Impeachment Trial Committees used by the Senate?

Beginning in the 1980s, the Senate started using Impeachment Trial Committees to preside over the evidentiary phase of trials, hearing evidence and supervising witness examinations. These committees compile a record for the full Senate to review before voting, aiming to streamline the process. However, their use has been challenged as potentially violating fair trial rights.

Can the federal judiciary review impeachment proceedings?

No, the Supreme Court ruled in Nixon v. United States (1993) that the federal judiciary cannot review impeachment proceedings. Matters related to impeachment trials are considered political questions, which are outside the purview of the courts.

Does impeachment prevent an official from facing criminal charges?

No, impeachment proceedings are remedial, not punitive. A conviction in an impeachment trial leads to removal from office and potential disqualification from future office, but the individual remains liable for subsequent criminal or civil trial, prosecution, and punishment under the law.

Can a president grant a pardon for offenses related to impeachment?

The President of the United States is constitutionally prevented from granting a pardon for offenses that lead to impeachment and conviction. This means a pardon cannot shield an individual from the consequences of an impeachment trial, although it might apply to resulting federal criminal cases if the individual were convicted in those separate proceedings.

What is the difference between removal and disqualification in impeachment?

Removal from office is the automatic consequence of conviction in an impeachment trial. Disqualification from holding future federal office is an additional penalty that the Senate may impose through a separate vote, which requires only a simple majority, unlike the two-thirds majority needed for conviction.

How do state governments handle impeachment?

Most state legislatures can impeach state officials, including governors and judicial officers, in accordance with their respective state constitutions. The process often mirrors the federal model, with the lower house impeaching and the upper house holding the trial, though variations exist among states.

Can governors be impeached and removed from office?

Yes, state legislatures have the power to impeach and remove governors. While historically less common than federal impeachments, several state governors have faced impeachment trials, and some have resigned to avoid the process.

Do U.S. territories have impeachment powers?

Yes, the legislatures of some organized United States territories, such as American Samoa, the Northern Mariana Islands, and Puerto Rico, possess impeachment powers according to their respective constitutions.

Are impeachment proceedings used by tribal governments in the United States?

Yes, many tribal governments in the United States utilize impeachment processes, often following a similar bifurcated structure to the federal system, involving an impeachment vote and a subsequent trial.

Can municipal governments in the U.S. conduct impeachments?

Yes, some municipal governments have the power to impeach local officials, such as mayors. For example, the Louisville Board of Aldermen impeached and removed the mayor of Louisville, Kentucky, in 1865.

How did impeachment function during the Colonial Era in America?

During the Colonial Era, impeachment was a process carried over from England. Unlike modern U.S. practice, it could sometimes be used against non-officeholders and could result in criminal penalties, though it was primarily used against officeholders for misconduct and resulted in removal from office.

What is the difference between impeachment and expulsion for members of Congress?

Members of Congress are not subject to federal impeachment as they are not considered 'civil officers.' Instead, each house of Congress can punish its own members for misconduct and, with a two-thirds concurrence, expel a member. This process is distinct from impeachment, which applies to civil officers.

What was the outcome of the impeachment trial of Andrew Johnson?

The impeachment trial of Andrew Johnson was the first presidential impeachment trial in U.S. history. While he was impeached by the House of Representatives, he was acquitted by the Senate and remained in office.

What is the constitutional basis for the House of Representatives' power to impeach?

The constitutional basis for the House of Representatives' power to impeach is found in Article I, Section 2, Clause 5 of the United States Constitution, which explicitly states: 'The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.'

What constitutional provisions govern the Senate's role in impeachment trials?

Article I, Section 3, Clauses 6 and 7 of the U.S. Constitution outline the Senate's role, stating it 'shall have the sole Power to try all Impeachments.' It also specifies that the Chief Justice presides when the President is tried, requires a two-thirds concurrence for conviction, and defines the judgment as removal from office and potential disqualification from future federal office.

How does the impeachment process differ between federal and state levels?

While the core concept of impeachment (bringing charges and holding a trial) is similar, the specific grounds, procedures, and trial bodies can vary significantly between the federal government and individual states. For instance, some states may have different thresholds for conviction or different bodies presiding over trials compared to the federal Senate.

What does it mean for impeachment proceedings to be 'remedial rather than punitive'?

The statement that impeachment proceedings are 'remedial rather than punitive' means their primary purpose is to address misconduct by removing an official from office, rather than to punish them. Because of this, an impeached and removed official can still face criminal charges and penalties in regular courts for the same actions.

Can a conviction in an impeachment trial affect an official's pension?

Conviction in an impeachment trial does not automatically extend to further punishment, such as the loss of a pension. However, the Former Presidents Act of 1958 does stipulate that a pension and other benefits are not extended to presidents removed from office due to impeachment and conviction.

What is the significance of the Supreme Court case Nixon v. United States regarding impeachment?

The Supreme Court case Nixon v. United States (1993) determined that impeachment proceedings are non-justiciable political questions. This means federal courts cannot intervene in or review the impeachment process itself, leaving it solely within the domain of Congress.

How has the use of Impeachment Trial Committees by the Senate evolved?

The Senate began using Impeachment Trial Committees in the 1980s to handle the evidentiary phase of impeachment trials, aiming to make the process more efficient. These committees gather evidence, but the final judgment rests with the full Senate. This practice has faced legal challenges regarding fair trial rights.

What is the constitutional basis for disqualifying an impeached and convicted official from future office?

The constitutional basis for disqualification comes from Article I, Section 3, Clause 7, which states that judgment in impeachment cases 'shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.' The Senate determines the threshold for this disqualification, typically requiring a simple majority vote.

Are there any examples of federal officials being disqualified from future office after impeachment?

Yes, the Senate has used disqualification sparingly. Historically, only three individuals have been disqualified from holding future federal office after an impeachment conviction: West Hughes Humphreys, Robert W. Archbald, and Thomas Porteous.

What is the role of the Vice President in impeachment trials?

As the President of the Senate, the Vice President typically presides over Senate impeachment trials, except when the President of the United States is being tried. In that specific case, the Chief Justice of the Supreme Court presides. It is doubtful the Vice President would preside over their own impeachment trial.

How does the impeachment process in the Thirteen Colonies compare to modern federal impeachment?

Impeachment in the Thirteen Colonies was carried over from English practice. Unlike modern U.S. impeachment, it could sometimes be used against non-officeholders and could include criminal penalties. However, it was primarily used against officeholders for misconduct, with removal from office as the main penalty, similar to today.

What is the significance of the impeachment of William Blount in 1797?

The impeachment of Senator William Blount in 1797 is significant because it led the Senate to determine that members of Congress are not 'civil officers' subject to impeachment. Proceedings against him were dismissed after this conclusion, establishing a precedent for using expulsion instead.

What was the outcome of the impeachment of Secretary of War William W. Belknap?

William W. Belknap was impeached by the House of Representatives in 1876, shortly after resigning as Secretary of War. The Senate decided it had jurisdiction to try him despite his resignation, but ultimately acquitted him after the trial.

What is the constitutional provision regarding the President's pardon power in relation to impeachment?

Article II, Section 2 of the Constitution states that the President 'shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.' This explicitly excludes impeachment cases from the President's pardon authority.

How many times has a U.S. President been impeached?

As of 2025, Donald Trump is the only U.S. President to have been impeached more than once. He was impeached twice by the House of Representatives.

What was the unique aspect of the Iroquois Confederacy's impeachment process?

The Iroquois Confederacy's Great Law of Peace includes an impeachment process where clan mothers have the authority to remove and replace a sachem (chief) for misdeeds. This process is unique because only the women of the tribe can initiate the removal of a sachem.

What happened in the impeachment of Alejandro Mayorkas in 2024?

In April 2024, the Senate trial for the impeachment of Alejandro Mayorkas, Secretary of Homeland Security, concluded quickly when the Senate dismissed the articles of impeachment. The majority ruled that the accusations did not constitute 'high crimes or misdemeanors' as required by the Constitution.

What is the difference between impeachment and a recall election?

Impeachment is a formal process initiated by a legislature to bring charges against an officeholder for misconduct, potentially leading to removal. A recall election, on the other hand, is a direct vote by the electorate to remove an official from office before their term ends, typically triggered by a petition and followed by a public vote.

Impeachment In The United States Wiki: The Framework of Accountability: Understanding U.S. Impeachment

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What is Impeachment?

Constitutional Mandate

In the United States, impeachment is the formal procedure by which a legislative body brings charges against a civil officer for alleged misconduct. This process, rooted in English parliamentary tradition, serves as a critical mechanism for holding public officials accountable, with the ultimate penalty being removal from office.

Multi-Level Application

While most commonly associated with federal officials, impeachment provisions extend to state and territorial governments, each operating under their respective state constitutions. Furthermore, tribal governments and local municipal bodies may also employ impeachment procedures, reflecting its widespread application in American governance.

Remedial, Not Punitive

Crucially, impeachment proceedings are designed as a remedial measure rather than a punitive one. The primary remedy is removal from office. Consequently, an impeached and convicted official remains subject to subsequent criminal or civil prosecution under the law, demonstrating that impeachment does not preclude traditional legal accountability.

Constitutional Foundations

Article I: Legislative Power

The U.S. Constitution vests the sole power of impeachment in the House of Representatives ([1]). The Senate is granted the exclusive authority to conduct impeachment trials ([1]). This bicameral approach ensures a deliberative process, separating the accusation from the adjudication.

Article II: Grounds for Impeachment

Article II, Section 4 specifies the grounds for impeachment for the President, Vice President, and all civil officers: "Treason, Bribery, or other high Crimes and Misdemeanors" ([2]). The interpretation of "high Crimes and Misdemeanors" has evolved, generally encompassing serious abuses of power and violations of public trust, rather than mere policy disagreements.

Pardon Limitation

The President's power to grant reprieves and pardons for offenses against the United States explicitly excludes cases of impeachment ([2]). This constitutional provision prevents the President from shielding themselves or others from the impeachment process or its consequences.

The Impeachment Process

Phase 1: Inquiry

The process typically begins with an impeachment inquiry, often initiated by a member of the House of Representatives. This phase involves investigation, gathering evidence, and potentially holding hearings, though it is not constitutionally mandated.

Phase 2: House Impeachment

The House of Representatives, by a simple majority vote of members present, can pass articles of impeachment. Upon passage, the official is formally "impeached," signifying the accusation stage. House managers are then appointed to present the case to the Senate.

Phase 3: Senate Trial

The Senate conducts a trial based on the articles of impeachment. Senators take an oath to administer justice impartially. The Chief Justice presides if the President is on trial. Conviction requires a two-thirds supermajority vote of senators present.

House of Representatives

Initiating Charges

Impeachment proceedings can be initiated by a member of the House, often referred to the Committee on the Judiciary. The committee investigates the allegations and determines if grounds for impeachment exist, drafting articles of impeachment if warranted.

Debate and Vote

The full House debates the impeachment resolution or individual articles. A simple majority vote is required to impeach. If impeachment occurs, the House selects managers to prosecute the case in the Senate.

Historical Context

The House has impeached three presidents: Andrew Johnson, Bill Clinton, and Donald Trump (twice). Federal judges have also been impeached and removed by the House and Senate.

Senate Trial

Presiding Officer

When the President is on trial, the Chief Justice of the United States presides. For other officials, the Vice President (as President of the Senate) or the President pro tempore typically presides, though the Constitution is silent on this for non-presidential impeachments.

Trial Procedures

The Senate trial follows a structured format, akin to a court proceeding. House managers present the case, the impeached official defends themselves, and witnesses may be called. Senators swear an oath to render impartial justice.

Conviction Threshold

A conviction requires the concurrence of a two-thirds supermajority of the senators present. If this threshold is not met for any article, the official is acquitted. The Senate's role is to judge the impeachment, and its decisions are generally considered political questions, not subject to judicial review ([18]).

Removal & Disqualification

Automatic Removal

Conviction on any article of impeachment results in the automatic removal of the official from their office. This is the primary constitutional remedy prescribed by the process.

Future Office Bar

Following conviction, the Senate may, by a simple majority vote, disqualify the individual from holding any future federal office. This measure aims to prevent those found unfit for public trust from regaining positions of power.

Continued Legal Liability

Impeachment and removal do not preclude criminal prosecution. An acquitted or convicted official remains liable for indictment, trial, and punishment under applicable laws. The presidential pardon power does not extend to impeachment convictions.

State & Territorial Impeachment

State Constitutions

Every state legislature possesses the authority to impeach state officials, including governors and judges, as outlined in their respective state constitutions. Procedures can vary significantly from the federal model.

Varied Procedures

While many states mirror the federal process (House impeaches, Senate tries), some have unique structures. For example, Alaska's upper chamber impeaches, while its lower chamber tries the case. In New York, the Court of Appeals judges participate in Senate trials.

Historical Examples

Numerous state governors have faced impeachment proceedings, often related to corruption charges. Some officials have resigned to avoid impeachment, as seen with Missouri's Eric Greitens in 2018. The Illinois Senate removed Governor Rod Blagojevich in 2009.

Tribal Governance

Sovereign Authority

Many tribal governments incorporate impeachment into their governance structures, reflecting their inherent sovereignty. These procedures often mirror the federal bifurcated model of accusation and trial.

Unique Traditions

The Iroquois (Haudenosaunee) Confederacy's Great Law of Peace includes a unique impeachment process where clan mothers can remove a sachem, a power vested solely in the women of the tribe.

Notable Impeachments

Numerous tribal leaders have faced impeachment. Examples include Locher Harjo (Lower Creeks, 1876), Johnathan L. Taylor (Eastern Band of Cherokee Indians, 1995), Cecilia Fire Thunder (Oglala Sioux, 2006), and Patrick Lambert (Eastern Band of Cherokee Indians, 2017), illustrating the application of accountability within tribal systems.

Colonial Era Precedents

English Roots

Impeachment practices in the Thirteen Colonies were inherited from England. While primarily used against officeholders for misconduct, colonial impeachments could, in some instances, lead to criminal penalties, differing from the modern remedial focus.

Colonial Application

Colonial legislatures generally followed a bifurcated process similar to today's, with lower chambers bringing charges and upper chambers conducting trials. Misconduct in office was the most common basis for these proceedings.

Historical Context

Early Republic

The impeachment of Senator William Blount in 1797 highlighted early debates about who constitutes a "civil officer" subject to impeachment, establishing precedents regarding jurisdiction and the Senate's role.

Presidential Impeachments

Notable presidential impeachments include Andrew Johnson (1868), Bill Clinton (1998), and Donald Trump (2019, 2021). These events have significantly shaped the understanding and application of impeachment powers.

Judicial Impeachments

Federal judges have also been impeached and removed from office, underscoring that impeachment applies broadly to civil officers, not solely the executive branch.

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References

The Constitution also discusses the president's power to appoint "Officers of the United States", "the principal Officer in each of the executive Departments", and "Inferior officers". These are different.

Joshua E. Kastenberg, The Campaign to Impeach Justice William O. Douglas: Nixon, Vietnam, and the Conservative Attack on Judicial Independence (Lawrence, Kansas: University Press of Kansas, 2019)

Senators sworn in for Trump impeachment trial

A full list of references for this article are available at the Impeachment in the United States Wikipedia page

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Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on publicly available data and may not be entirely accurate, complete, or up-to-date. It does not constitute legal advice.

This is not legal advice. The information provided on this website is not a substitute for professional legal consultation, analysis, or advice. Always seek the advice of a qualified legal professional with any questions you may have regarding legal matters. Never disregard professional legal advice or delay in seeking it because of something you have read on this website.

The creators of this page are not responsible for any errors or omissions, or for any actions taken based on the information provided herein.

The Framework of Accountability

💡 Dive in with Flashcard Learning! 💡

What is Impeachment? ⚖️

🏛️ Constitutional Mandate

🌐 Multi-Level Application

⚖️ Remedial, Not Punitive

Constitutional Foundations 📜

✍️ Article I: Legislative Power

🏛️ Article II: Grounds for Impeachment

🚫 Pardon Limitation

The Impeachment Process ⚙️

🔍 Phase 1: Inquiry

🗳️ Phase 2: House Impeachment

⚖️ Phase 3: Senate Trial

House of Representatives 🏠

📜 Initiating Charges

🗣️ Debate and Vote

🏛️ Historical Context

Senate Trial ⚖️

🧑‍⚖️ Presiding Officer

🎤 Trial Procedures

💯 Conviction Threshold

Removal & Disqualification ➡️

🚪 Automatic Removal

🚫 Future Office Bar

⚖️ Continued Legal Liability

State & Territorial Impeachment 🚩

🏛️ State Constitutions

🔄 Varied Procedures

📉 Historical Examples

Tribal Governance 🦅

📜 Sovereign Authority

👩‍⚖️ Unique Traditions

👥 Notable Impeachments

Colonial Era Precedents ⏳

🇬🇧 English Roots

⚖️ Colonial Application

Historical Context 📈

🇺🇸 Early Republic

🏛️ Presidential Impeachments

⚖️ Judicial Impeachments

Teacher's Corner 🧑‍🏫

Edit and Print this course in the Wiki2Web Teacher Studio

True or False? 🤔

❓ Test Your Knowledge! ❓

Gamer's Corner 🎮

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Explore More Topics

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References

📜 References

Feedback & Support 👍

To report an issue with this page, or to find out ways to support the mission, please click here.

Disclaimer ⚠️

📜 Important Notice

Dive in with Flashcard Learning!

What is Impeachment?

Constitutional Mandate

Multi-Level Application

Remedial, Not Punitive

Constitutional Foundations

Article I: Legislative Power

Article II: Grounds for Impeachment

Pardon Limitation

The Impeachment Process

Phase 1: Inquiry

Phase 2: House Impeachment

Phase 3: Senate Trial

House of Representatives

Initiating Charges

Debate and Vote

Historical Context

Senate Trial

Presiding Officer

Trial Procedures

Conviction Threshold

Removal & Disqualification

Automatic Removal

Future Office Bar

Continued Legal Liability

State & Territorial Impeachment

State Constitutions

Varied Procedures

Historical Examples

Tribal Governance

Sovereign Authority

Unique Traditions

Notable Impeachments

Colonial Era Precedents

English Roots

Colonial Application

Historical Context

Early Republic

Presidential Impeachments

Judicial Impeachments

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice