What Is Impeachment?

What Is Impeachment?

Let me explain what impeachment really means. It's the formal process that Congress uses to bring charges of 'treason, bribery, or other high crimes and misdemeanors' against high-ranking civil officers, such as the president. This is authorized by Article II, Section 4 of the US Constitution.

You should know that the power to impeach acts as the first step in checking the executive and judicial branches for violations of law or abuses of power. When the House of Representatives impeaches an official, that person goes on trial, and if the Senate convicts them, they're removed from office.

How Impeachment Works

Article II, Section 4 of the US Constitution states: '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.'

Understand that impeachment isn't the same as removal or conviction, even though many people confuse it that way. It's more like a charging process, similar to an indictment in a criminal case.

At the federal level, impeachment is rare, and removal is even rarer. The House of Representatives has initiated impeachment proceedings more than 60 times since the Constitution was adopted, but only 20 of those led to actual impeachment. There have been just eight convictions by the Senate, all involving federal judges.

Officials Subject to Impeachment

The Constitution specifically names the president and vice president as subject to impeachment. But there's been a lot of discussion about who exactly qualifies as 'all Civil Officers of the United States.'

The Federalist Papers, those 85 essays by Alexander Hamilton, John Jay, and James Madison, are key documents in American history. They make it clear that impeachment checks the executive and judicial branches, but they don't specify exactly who counts as civil officers.

The term 'civil officers' is broad enough to include any officer appointed by the federal government. Based on history, this includes federal judges, even Supreme Court justices, and members of the president's cabinet. However, military officers are handled under the military code and aren't subject to impeachment, and neither are members of Congress—that precedent was set in 1799.

Impeachable Offenses

There was significant debate at the 1787 Constitutional Convention in Philadelphia about what counts as impeachable crimes. Initially, the founders talked about removal for 'corrupt conduct' or 'malpractice or neglect of duty.' The wording evolved to 'treason, bribery, or corruption,' then to 'treason or bribery,' and finally to 'treason, bribery, or other high crimes and misdemeanors.'

The debate didn't end there, because 'high crimes and misdemeanors' is open to interpretation. This phrase has puzzled members of Congress, lawyers, and scholars since the Constitution was ratified in 1789.

The framers took 'high crimes and misdemeanors' from British law, where it meant crimes by public officials against the government. As Representative Gerald Ford put it in 1970, 'An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history.'

Duties of the House and Senate

Article I, Section 2 of the Constitution gives the House of Representatives the sole power to impeach. But the House can't remove anyone—that's the Senate's job, which holds a trial to decide on conviction and removal or acquittal.

Impeachment starts when the House adopts a resolution for a committee to investigate charges against the official. The committee might recommend impeachment or dismissal, and then the House votes by simple majority on the articles of impeachment.

If approved, the House appoints managers to handle the trial in the Senate and passes a resolution to inform the Senate about the articles and the managers.

The Senate then tells the House when it will receive the managers and start the trial. The Senate acts as the court, with the president of the Senate presiding—unless it's the president being impeached, in which case the chief justice of the Supreme Court presides.

Penalties of Impeachment and Conviction

The penalty for impeachment itself is just the trial in the Senate. It's like an indictment, so there's no other punishment beyond maybe damage to reputation.

Impeachment needs only a simple majority in the House. For conviction, the Constitution requires a two-thirds majority in the Senate. If convicted, the penalty is removal from office, and the Senate can also vote by simple majority to bar the person from future public office. There's no appeal because this is a political process, not a criminal one.

History of Federal Impeachment Proceedings

Ten of the 20 federal impeachments since 1799 have happened in the past 100 years. These involved 15 federal judges, three presidents, one senator, and a cabinet secretary—the Secretary of War. Outcomes included seven acquittals, eight convictions, three dismissals, and one resignation without further action. All convictions were of judges, who were removed from office.

Important Note on Presidential Impeachments

Only Presidents Andrew Johnson, Bill Clinton, and Donald Trump have been impeached by the House, and all three were acquitted by the Senate.

President Richard Nixon was never impeached, though he faced the threat over the 1974 Watergate scandal. He resigned before Congress could vote on impeachment, making him the only US president to resign from office.

Real-Life Example of Impeachment

Take the case of President Trump's first-term impeachment. The House impeached him on December 18, 2019, with two articles.

The first was Abuse of Power, accusing him of corruptly soliciting Ukraine to investigate his Democratic rivals, which fell under 'high crimes and misdemeanors.' It passed 230-197, with Republicans united against it and two Democrats also opposing.

The second was Obstruction of Congress, for defying congressional attempts to get information and testimony on the Ukraine matter. This passed 229-198, with one more Democrat joining Republicans in opposition.

The articles went to the Senate on January 16, 2020, and the trial began. No witnesses or documents were subpoenaed due to Republican objections. Trump was acquitted on both counts on February 5, 2020: 48-52 on abuse of power and 47-53 on obstruction. The whole process took less than two months, not counting evidence gathering, but there's no fixed timeline for impeachments.

Why Was Andrew Johnson Impeached?

President Andrew Johnson was impeached by the House on February 24, 1868, after the Civil War. He had vetoed legislation meant to protect freed slaves, among other actions Congress opposed. The Senate acquitted him on May 16, 1868.

Why Was Bill Clinton Impeached?

President Clinton's impeachment stemmed largely from personal misbehavior, especially his affair with Monica Lewinsky. The question was whether these actions qualified as 'high crimes and misdemeanors.' The Senate decided they did not and acquitted him.

Why Did Richard Nixon Step Down?

President Nixon resigned on August 8, 1974, to avoid an impeachment trial and spare the public the ordeal. Three articles of impeachment were prepared against him over the Watergate break-in by five men tied to his reelection campaign organization.

The Bottom Line

History demonstrates that every impeachment is unique, and the Constitution is somewhat vague on the details. It requires coordination between the House and Senate, which often leads to differing opinions on the actions of high-ranking officials.