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[[File:Chief Justice John Roberts presides over the impeachment trial of Donald Trump.jpg |thumb|upright=1.20|The 2020 [[first impeachment trial of Donald Trump]], [[John Roberts|Chief Justice John Roberts]] presiding]]
[[File:Chief Justice John Roberts presides over the impeachment trial of Donald Trump.jpg |thumb|upright=1.20|The 2020 [[first impeachment trial of Donald Trump]], [[John Roberts|Chief Justice John Roberts]] presiding]]


'''Impeachment in the United States''' is the process by which the [[United States House of Representatives|House of Representatives]] brings charges against a [[Civilian|civil]] [[Officer of the United States|federal officer]], the [[Vice President of the United States|vice president]], or the [[President of the United States|president]] for misconduct alleged to have been committed. [[Impeachment]] may also occur at the [[State governments of the United States|state level]] if the [[U.S. State|state or commonwealth]] has provisions for it under its [[State constitution (United States)|constitution]]. The federal [[United States House of Representatives|House of Representatives]] can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with [[Article One of the United States Constitution#Clause 5: Speaker and other officers; Impeachment|Article One, Section 2, Clause 5 of the United States Constitution]]. Most [[U.S. state|state]] [[State legislature (United States)|legislature]]s can impeach state officials, including the [[Governor (United States)|governor]], in accordance with their respective [[State constitution (United States)|state constitution]].<!-- What about U.S territories and the District of Columbia? -->
'''Impeachment in the United States''' is the process by which the [[United States House of Representatives|House of Representatives]] brings charges against a [[Civilian|civil]] [[Officer of the United States|federal officer]], the [[Vice President of the United States|vice president]], or the [[President of the United States|president]] for misconduct alleged to have been committed. [[Impeachment]] may also occur at the [[State governments of the United States|state level]] if the [[U.S. State|state or commonwealth]] has provisions for it under its [[State constitution (United States)|constitution]].


The federal [[United States House of Representatives|House of Representatives]] can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with [[Article One of the United States Constitution#Clause 5: Speaker and other officers; Impeachment|Article One, Section 2, Clause 5 of the United States Constitution]]. This triggers [[Federal impeachment trial in the United States|a federal impeachment trial]] in the [[United States Senate]], which can vote by a 2/3 majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office
Most impeachments have concerned alleged crimes committed while in office, though there is no requirement for the misconduct to be an indictable crime. There have been a few cases in which officials have been impeached and subsequently convicted for crimes committed prior to taking office.<ref name="CRSReport2015">{{cite web |last1=Cole |first1=J. P. |last2=Garvey |first2=T. |title=Report No. R44260, Impeachment and Removal |url=https://fas.org/sgp/crs/misc/R44260.pdf |publisher=Congressional Research Service |access-date=September 22, 2016 |pages=15–16 |date=October 29, 2015 |archive-url=https://web.archive.org/web/20191219011012/https://fas.org/sgp/crs/misc/R44260.pdf |archive-date=December 19, 2019 |url-status=live }}{{PD-notice}} An earlier version from 2005 is at https://www.senate.gov/reference/resources/pdf/98-806.pdf {{Webarchive|url=https://web.archive.org/web/20190724233725/https://www.senate.gov/reference/resources/pdf/98-806.pdf |date=July 24, 2019 }}.</ref> There have also been cases where a former official was tried after leaving office. The impeached official may continue to serve their term until a [[trial]] yields a judgement that directs their removal from office or until they leave office through some other means. Federally, a two-thirds majority of the senators present at the trial is required for conviction under [[Article One of the United States Constitution#Clause 6: Trial of Impeachment|Article One, Section 3, Clause 6 of the Constitution]].


Most [[U.S. state|state]] [[State legislature (United States)|legislature]]s can impeach state officials, including the [[Governor (United States)|governor]], in accordance with their respective [[State constitution (United States)|state constitution]].<!-- What about U.S territories and the District of Columbia? -->
The impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because all officers in the federal government are confirmed in the Senate, officers appointed under the [[Appointments Clause]] of the Constitution may also be disqualified from holding any other appointed office under the United States in the future. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president is constitutionally precluded from granting a [[Federal pardons in the United States|pardon]] to impeached and convicted persons.

Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because all officers in the federal government are confirmed in the Senate, officers appointed under the [[Appointments Clause]] of the Constitution may also be disqualified from holding any other appointed office under the United States in the future. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president is constitutionally precluded from granting a [[Federal pardons in the United States|pardon]] to impeached and convicted persons.


== Federal impeachment ==
== Federal impeachment ==
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{{Anchor|impeachable offenses}}
{{Anchor|impeachable offenses}}


=== Impeachable offenses ===
The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors",<ref name="law.cornell.edu">{{Cite web|url=https://www.law.cornell.edu/constitution/articleii|title=Article II|website=LII / Legal Information Institute|access-date=October 7, 2019|archive-url=https://web.archive.org/web/20191007123228/https://www.law.cornell.edu/constitution/articleii|archive-date=October 7, 2019|url-status=live}}</ref> but does not itself define "high crimes and misdemeanors".
The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors",<ref name="law.cornell.edu">{{Cite web|url=https://www.law.cornell.edu/constitution/articleii|title=Article II|website=LII / Legal Information Institute|access-date=October 7, 2019|archive-url=https://web.archive.org/web/20191007123228/https://www.law.cornell.edu/constitution/articleii|archive-date=October 7, 2019|url-status=live}}</ref> but does not itself define "high crimes and misdemeanors".


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".<ref>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.</ref> Federal judges are subject to impeachment.<ref>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)</ref> 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.<ref name=CRSReport2015 /> At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law.
==== Types of conduct ====
Congressional materials have cautioned that the grounds for impeachment "do not all fit neatly and logically into categories" because the remedy of impeachment is intended to "reach a broad variety of conduct by officers that is both serious and incompatible with the duties of the office".<ref name="CRSReport2015" /><ref name="House1974StaffReport">Staff of the Impeachment Inquiry, Committee on the Judiciary, House of Representatives, ''Constitutional Grounds for Presidential Impeachment'', 93rd Conf. 2nd Sess. (Feb. 1974), [https://web.archive.org/web/20190905072225/https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/1974ImpeachmentInquiryReport.pdf 1974 Impeachment Inquiry Report]</ref> Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive:


The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.<ref name=SenateJ1798>''Senate Journal'', 5th Congress, 3rd Session, December 17, 1798 to January 10, 1799.</ref> As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members{{nbsp}}... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member" (see [[List of United States senators expelled or censured]] and [[List of United States representatives expelled, censured, or reprimanded]]). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator [[William Blount]] of Tennessee.<ref>{{Cite web|url=https://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm#4|archive-url=https://web.archive.org/web/20101202133604/http://senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm|url-status=dead|title=U.S. Senate: Impeachment|archive-date=December 2, 2010|website=www.senate.gov}}</ref>
# improperly exceeding or abusing the powers of the office;
# behavior incompatible with the function and purpose of the office; and
# misusing the office for an improper purpose or for personal gain.<ref name="CRSReport2015" /><ref name="House1974StaffReport" />


The constitutional text is silent on whether an officer can be tried after the officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and the Senate has been willing to try the official after resignation. In 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, [[William W. Belknap]] was impeached by the House of Representatives hours after resigning as [[United States Secretary of War]]. The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial.<ref>{{Cite web|url=https://www.yalejreg.com/nc/late-impeachment-an-in-depth-account-of-the-belknap-by-thomas-berry-part-one/|title=Late Impeachment: An In-Depth Account of the Belknap Trial, by Thomas Berry |at=Part One|author=Thomas Berry|year=2021|access-date=January 31, 2022}}</ref> The permissibility of trying a former official was a major issue in the [[Second impeachment trial of Donald Trump|second impeachment trial of Donald Trump]], which commenced 20 days after Trump's term in office expired, although Trump's [[Second impeachment of Donald Trump|impeachment]] itself occurred while he was President. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.<ref>{{Cite web|url=https://www.reuters.com/article/us-usa-trump-impeachment/senate-republicans-unite-behind-failed-effort-to-challenge-trump-impeachment-trial-idUSKBN29V1UK|title=Senate Republicans unite behind failed effort to challenge Trump impeachment trial|author=David Morgan|publisher=Reuters|date=January 26, 2021|access-date=January 31, 2022}}</ref>
==== High crimes and misdemeanors ====
{{Main|High crimes and misdemeanors}}
"High crimes and misdemeanors", in the legal and common parlance of England in the 17th and 18th centuries, is corrupt activity by those who have special duties that are not shared with common persons.<ref>{{cite web|url=http://constitution.org/cmt/high_crimes.htm|author=Roland, Jon|title=Meaning of High Crimes and Misdemeanors|publisher=[[Constitution Society]]|date=January 19, 1999|access-date=February 26, 2012|archive-url=https://web.archive.org/web/20120103201824/http://www.constitution.org/cmt/high_crimes.htm|archive-date=January 3, 2012|url-status=live}}</ref> Toward the end of the 18th century, "high crimes and misdemeanors" acquired a more technical meaning. As Blackstone says in his ''[[Commentaries on the Laws of England|Commentaries]]'': "The first and principal high misdemeanor&nbsp;... was mal-administration of such high offices as are in public trust and employment."<ref>{{cite news |url=https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_3.htm |title=Constitutional Grounds for Presidential Impeachment: II. The Historical Origins of Impeachment B. The Intentions of the Framers |author=US Judiciary Committee |date=1974 |newspaper=[[The Washington Post]] |access-date=January 11, 2020 |quote=The 'first and principal' high misdemeanor, according to Blackstone, was 'mal-administration of such high officers, as are in public trust and employment' usually punished by the method of parliamentary impeachment. |archive-url=https://web.archive.org/web/20191211160244/https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/watergatedoc_3.htm |archive-date=December 11, 2019 |url-status=live }}</ref>

The phrase "high crimes and misdemeanors" was a common phrase when the U.S. Constitution was written and did not require any stringent or difficult criteria for determining guilt, but meant the opposite. The crimes are called "high crimes" because they are carried out by a person in a position of public authority, or by misusing the position of public authority they have been given. It does not mean that the crimes themselves are unusual or "higher" types of crime. The phrase was historically used to cover a very broad range of crimes. In 1974 the Senate's [[United States Senate Committee on the Judiciary|Judiciary Committee's]] stated that {{"'}}High Crimes and Misdemeanors' has traditionally been considered a '[[term of art]]', like such other constitutional phrases as 'levying war' and 'due process'."<ref>1974 report: "The Historical Origins of Impeachment"</ref>

Several commentators have suggested that [[United States Congress|Congress]] alone may decide for itself what constitutes a "high Crime or Misdemeanor", especially since the Supreme Court decided in ''[[Nixon v. United States]]'' that it did not have the authority to determine whether the Senate properly "tried" a defendant.<ref name="Nixon_v_US" /> In 1970, then-[[Party leaders of the United States House of Representatives|House Minority Leader]] [[Gerald R. Ford]] defined the criterion as he saw it: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history."<ref>[https://www.fordlibrarymuseum.gov/library/speeches/700415.pdf "Gerald Ford's Remarks on the Impeachment of Supreme Court Justice William Douglas"]. {{Webarchive|url=https://web.archive.org/web/20190412080455/https://www.fordlibrarymuseum.gov/library/speeches/700415.pdf|date=April 12, 2019}} April 15, 1970. Retrieved 21 March 2019.</ref>

==== Historical examples ====
Of the 21 impeachments voted by the House:

* No official has been charged with treason.
* Three officials have been charged with bribery:
**[[Robert W. Archbald]] – tried, removed
**[[Alcee Hastings]] – tried, removed
**[[William W. Belknap]] – resigned prior to impeachment, later acquitted
* The remaining charges against all the other officials fall under the category of "high Crimes and Misdemeanors".

==== Standard of proof ====
The [[standard of proof]] required for impeachment and conviction is also left to the discretion of individual representatives and senators, respectively. Defendants have argued that impeachment trials are in the nature of criminal proceedings, with convictions carrying grave consequences for the accused, and that therefore proof [[beyond a reasonable doubt]] should be the applicable standard. House Managers have argued that a lower standard would be appropriate to better serve the purpose of defending the community against abuse of power, since the defendant does not risk forfeiture of [[United States Bill of Rights|life, liberty, or property]], for which the reasonable doubt standard was set.<ref>{{cite web|url=http://congressionalresearch.com/98-990/document.php|title=Standard of Proof in Senate Impeachment Proceedings|publisher=Congressional Research Service|author=Ripy, Thomas B.|access-date=February 10, 2019|archive-url=https://web.archive.org/web/20190423160246/http://congressionalresearch.com/98-990/document.php|archive-date=April 23, 2019|url-status=live}}</ref>

==== Criminal vs non-criminal activity ====
In drawing up articles of impeachment, the House has placed little emphasis on criminal conduct.<ref name="CRSReport2015" /> Less than one-third of the articles that the House have adopted have explicitly charged the violation of a criminal statute or used the word "criminal" or "crime" to describe the conduct alleged.<ref name="CRSReport2015" /> Officials have been impeached and removed for drunkenness, biased decision-making, or inducing parties to enter financial transactions, none of which is specifically criminal.<ref name="CRSReport2015" /> Two of the articles against President [[Andrew Johnson]] were based on rude speech that reflected badly on the office: President Johnson had made "harangues" criticizing the Congress and questioning its legislative authority, refusing to follow laws, and diverting funds allocated in an army appropriations act, each of which brought the presidency "into contempt, ridicule, and disgrace".<ref>See ''Impeachment of President Andrew Johnson'', in ''Impeachment—Selected Materials'', Committee on the Judiciary, 93d Cong., Impeachment—Selected Material 692 (Comm. Print 1973).</ref> A number of individuals have been impeached for behavior incompatible with the nature of the office they hold.<ref name="CRSReport2015" /> Some impeachments have addressed, at least in part, conduct before the individuals assumed their positions: for example, Article IV against Judge [[Thomas Porteous]] related to false statements to the [[FBI]] and Senate in connection with his nomination and confirmation to the court.<ref name="CRSReport2015" />

Conversely, not all criminal conduct is impeachable: in 1974, the Judiciary Committee rejected an article of impeachment against President Nixon alleging that he committed tax fraud, primarily because that "related to the President's private conduct, not to an abuse of his authority as President".<ref name="CRSReport2015" />

=== Who can be impeached {{Anchor|officers subject to 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".<ref>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.</ref>

Federal judges are subject to impeachment. In fact, 15 of 20 officers impeached, and all eight officers removed after Senate trial, have been judges. The most recent impeachment effort against a Supreme Court justice that resulted in a House of Representatives investigation was against Associate Justice [[William O. Douglas]]. In 1970, Representative [[Gerald R. Ford]] (R-MI), who was then House minority leader, called for the House to impeach Douglas. However, a House investigation led by Congressman [[Emanuel Celler]] (D-NY) determined that Ford's allegations were baseless. According to Professor Joshua E. Kastenberg at the University of New Mexico, School of Law, Ford and Nixon sought to force Douglas off the Court in order to cement the "[[Southern strategy]]" as well as to provide cover for the [[Cambodian campaign|invasion of Cambodia]].<ref>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)</ref>

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.<ref name=CRSReport2015 /> At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law.

The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.<ref name=SenateJ1798>''Senate Journal'', 5th Congress, 3rd Session, December 17, 1798 to January 10, 1799.</ref> As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members{{nbsp}}... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member" (see [[List of United States senators expelled or censured]] and [[List of United States representatives expelled, censured, or reprimanded]]). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator [[William Blount]] of Tennessee.<ref>{{Cite web|url=https://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm#4|archive-url=https://web.archive.org/web/20101202133604/http://senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm|url-status=dead|title=U.S. Senate: Impeachment|archive-date=December 2, 2010|website=www.senate.gov}}</ref> The Senate expelled Senator Blount under Article I, Section 5, on the same day. However, the impeachment proceeding remained pending (expulsion only removes the individual from office, but conviction after impeachment may also bar the individual from holding future office, so the question of further punishment remained to be decided). After four days of debate, the Senate concluded that a Senator is not a "civil officer of the United States" for purposes of the Impeachment Clause, and dismissed for lack of jurisdiction.<ref name=SenateJ1798 /><ref>{{cite book |url=https://books.google.com/books?id=wxx-6rwQCe8C&q=%22the+first+impeachment%22 |title=The First Impeachment |author=Buckner F. Milton |year=1998 |publisher=Mercer University Press |isbn=9780865545977 |access-date=November 12, 2020 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114193216/https://books.google.com/books?id=wxx-6rwQCe8C&q=%22the+first+impeachment%22 |url-status=live }}</ref> The House has not impeached a Member of Congress since.

The constitutional text is silent on whether an officer can be tried after the officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and the Senate has been willing to try the official after resignation. As noted, in 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, [[William W. Belknap]] was impeached by the House of Representatives hours after resigning as [[United States Secretary of War]]. The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial.<ref>{{Cite web|url=https://www.yalejreg.com/nc/late-impeachment-an-in-depth-account-of-the-belknap-by-thomas-berry-part-one/|title=Late Impeachment: An In-Depth Account of the Belknap Trial, by Thomas Berry |at=Part One|author=Thomas Berry|year=2021|access-date=January 31, 2022}}</ref> The permissibility of trying a former official was a major issue in the [[Second impeachment trial of Donald Trump|second impeachment trial of Donald Trump]], which commenced 20 days after Trump's term in office expired, although Trump's [[Second impeachment of Donald Trump|impeachment]] itself occurred while he was President. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.<ref>{{Cite web|url=https://www.reuters.com/article/us-usa-trump-impeachment/senate-republicans-unite-behind-failed-effort-to-challenge-trump-impeachment-trial-idUSKBN29V1UK|title=Senate Republicans unite behind failed effort to challenge Trump impeachment trial|author=David Morgan|publisher=Reuters|date=January 26, 2021|access-date=January 31, 2022}}</ref>
The Constitution does not limit the number of times an individual may be impeached. As of 2022, Donald Trump is the only federal officer to have been [[Second impeachment of Donald Trump|impeached more than once]].
The Constitution does not limit the number of times an individual may be impeached. As of 2022, Donald Trump is the only federal officer to have been [[Second impeachment of Donald Trump|impeached more than once]].


=== Procedure ===
===Process===
At the federal level, the impeachment process is a three-step procedure.<ref name = crs>[https://www.everycrsreport.com/reports/R44260.html#_Toc433996055 ''Impeachment and Removal''] {{Webarchive|url=https://web.archive.org/web/20191115080919/https://www.everycrsreport.com/reports/R44260.html#_Toc433996055 |date=November 15, 2019 }}, Congressional Research Service, October 29, 2015</ref>
At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an [[Impeachment inquiry in the United States|impeachment inquiry]], though this is not a required stage.<ref name = crs>[https://www.everycrsreport.com/reports/R44260.html#_Toc433996055 ''Impeachment and Removal''] {{Webarchive|url=https://web.archive.org/web/20191115080919/https://www.everycrsreport.com/reports/R44260.html#_Toc433996055 |date=November 15, 2019 }}, Congressional Research Service, October 29, 2015</ref> The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate.


* First, the the House investigates through an impeachment inquiry.
* First, the Congress investigates. This investigation typically begins in the [[United States House Committee on the Judiciary|House Judiciary Committee]], but may begin elsewhere. For example, the [[impeachment process against Richard Nixon|Nixon impeachment inquiry]] began in the Senate Judiciary Committee. The facts that led to [[impeachment of Bill Clinton]] were first discovered in the course of an investigation by [[United States Office of the Independent Counsel|Independent Counsel]] Kenneth Starr. This step was skipped during the [[second impeachment of Donald Trump]].
* Second, the [[United States House of Representatives|House of Representatives]] must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".
* Second, the [[United States House of Representatives|House of Representatives]] must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".
* Third, the [[United States Senate|Senate]] tries the accused. In the case of the impeachment of a president, the [[chief justice of the United States]] presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the [[Presiding Officer of the United States Senate|president of the Senate]], who is also the [[vice president of the United States]]. Conviction in the Senate requires the concurrence of a two-thirds [[supermajority]] of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a [[majority]] of senators present.<ref>{{Cite web|url=https://www.senate.gov/civics/constitution_item/constitution.htm#a1_sec3|title=U.S. Senate: Constitution of the United States|date=1789-03-04|website=U.S. Senate|url-status=live|archive-url=https://web.archive.org/web/20140210235825/http://www.senate.gov/civics/constitution_item/constitution.htm#a1_sec3|archive-date=February 10, 2014}}</ref><ref>{{Cite web|last=Millhiser|first=Ian|date=2021-01-08|title=How Congress can permanently disqualify Trump from office after impeachment|url=https://www.vox.com/22220495/impeachment-trump-2024-election-bar-from-office|access-date=2021-01-15|website=Vox|language=en}}</ref><ref>{{Cite web|title=Judgment - Removal and Disqualification|url=https://law.justia.com/constitution/us/article-2/49-judgment-removal-and-disqualification.html|access-date=January 19, 2021|website=[[Justia]]}}</ref>
* Third, the [[United States Senate|Senate]] tries the accused. In the case of the impeachment of a president, the [[chief justice of the United States]] presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the [[Presiding Officer of the United States Senate|president of the Senate]], who is also the [[vice president of the United States]]. Conviction in the Senate requires the concurrence of a two-thirds [[supermajority]] of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a [[majority]] of senators present.<ref>{{Cite web|url=https://www.senate.gov/civics/constitution_item/constitution.htm#a1_sec3|title=U.S. Senate: Constitution of the United States|date=1789-03-04|website=U.S. Senate|url-status=live|archive-url=https://web.archive.org/web/20140210235825/http://www.senate.gov/civics/constitution_item/constitution.htm#a1_sec3|archive-date=February 10, 2014}}</ref><ref>{{Cite web|last=Millhiser|first=Ian|date=2021-01-08|title=How Congress can permanently disqualify Trump from office after impeachment|url=https://www.vox.com/22220495/impeachment-trump-2024-election-bar-from-office|access-date=2021-01-15|website=Vox|language=en}}</ref><ref>{{Cite web|title=Judgment - Removal and Disqualification|url=https://law.justia.com/constitution/us/article-2/49-judgment-removal-and-disqualification.html|access-date=January 19, 2021|website=[[Justia]]}}</ref>


==== Impeachment in the House of Representatives ====
==== Rules ====
A number of rules have been adopted by the House and Senate and are honored by tradition.

[[Jefferson's Manual]], which is integral to the Rules of the House of Representatives,<ref>{{cite web|url=http://www.rules.house.gov/house_rules_precedents.htm |title=House Rules |access-date=December 31, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20101212085230/http://www.rules.house.gov/house_rules_precedents.htm |archive-date=December 12, 2010}}</ref> states that impeachment is set in motion by charges made on the floor, charges proffered by a memorial, a member's resolution referred to a committee, a message from the president, or from facts developed and reported by an investigating committee of the House. It further states that a proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business.

''The House Practice: A Guide to the Rules, Precedents and Procedures of the House''<ref>Parliamentarian of the House, U.S. House of Representatives, ''The House Practice: A Guide to the Rules, Precedents and Procedures of the House'', at https://www.govinfo.gov/collection/house-practice {{Webarchive|url=https://web.archive.org/web/20191221073500/https://www.govinfo.gov/collection/house-practice |date=December 21, 2019 }}. Each Congress adopts its own rules, available at https://rules.house.gov/rules-resources {{Webarchive|url=https://web.archive.org/web/20191223211208/https://rules.house.gov/rules-resources |date=December 23, 2019 }}</ref> is a reference source for information on the rules and selected precedents governing the House procedure, prepared by the House Parliamentarian. The manual has a chapter on the House's rules, procedures, and precedent for impeachment.

In 1974, as part of the preliminary investigation in the Nixon impeachment inquiry, the staff of the Impeachment Inquiry of the House Judiciary Committee prepared a report, ''Constitutional Grounds for Presidential Impeachment''.<ref name=House1974StaffReport/> The primary focus of the Report is the definition of the term "high Crimes and Misdemeanors" and the relationship to criminality, which the Report traces through history from English roots, through the debates at the 1787 Constitutional Convention, and the history of the impeachments before 1974.

The 1974 report has been expanded and revised on several occasions by the Congressional Research Service, and the current version ''Impeachment and Removal'' dates from October 2015.<ref name=CRSReport2015 /> While this document is only staff recommendation, as a practical matter, today it is probably the single most influential definition of "high Crimes and Misdemeanors".

The Senate has formal ''Rules and Procedures of Practice in the Senate When Sitting on Impeachment Trials''.<ref name=R&PoP-USS>{{cite web| title=Rules and Procedures of Practice in the Senate When Sitting on Impeachment Trials| work=Senate Manual Containing the Standing Rules, Orders, Laws and Resolutions Affecting the Business of the United States Senate| at=Section 100–126, [[105th Congress]], pp. 177–185| date=August 16, 1986| url=https://www.senate.gov/artandhistory/history/resources/pdf/3_1986SenatesImpeachmentRules.pdf| publisher=United States Senate| access-date=June 14, 2018| archive-url=https://web.archive.org/web/20191219034649/https://www.senate.gov/artandhistory/history/resources/pdf/3_1986SenatesImpeachmentRules.pdf| archive-date=December 19, 2019| url-status=live}}</ref>

==== Calls for impeachment, and Congressional power to investigate ====
{{See also|Impeachment investigations of United States federal officials}}
{{Over-quotation|section=true|date=January 2021}}

While the actual impeachment of a federal public official is rare, demands for impeachment, especially of presidents, are common,<ref name=mcfadden>{{cite web |author1=Clark, Richard C. |title=McFadden's Attempts to Abolish the Federal Reserve System |publisher = [[Scribd]] |date=July 22, 2008 |url=https://www.scribd.com/doc/4086334/McFaddens-Attempts-to-Abolish-the-Federal-Reserve-System |access-date=June 20, 2009 |quote=Though a Republican, he moved to impeach President Herbert Hoover in 1932 and introduced a resolution to bring conspiracy charges against the Board of Governors of the Federal Reserve. |archive-url=https://web.archive.org/web/20100302075409/http://www.scribd.com/doc/4086334/McFaddens-Attempts-to-Abolish-the-Federal-Reserve-System |archive-date=March 2, 2010 |url-status=dead}}</ref> going back to the administration of [[George Washington]] in the mid-1790s.

While almost all of them were abandoned as soon as they were introduced, several did have their intended effect. Treasury Secretary [[Andrew Mellon]]<ref>{{cite magazine |url=http://www.time.com/time/magazine/article/0,9171,742975,00.html |magazine=Time |title=National Affairs: Texan, Texan & Texan |date=January 25, 1932 |access-date=May 5, 2010 |archive-url=https://web.archive.org/web/20101027080805/http://www.time.com/time/magazine/article/0,9171,742975,00.html |archive-date=October 27, 2010 |url-status=dead }}</ref> and Supreme Court Justice [[Abe Fortas]] both resigned in response to the threat of impeachment hearings, and most famously, President [[Richard Nixon]] resigned from office after the House Judiciary Committee had already reported articles of impeachment to the floor.

In advance of the formal resolution by the full House to authorize proceedings, committee chairmen have the same power for impeachment as for any other issue within the jurisdiction of the committee: to investigate, subpoena witnesses, and prepare a preliminary report of findings. For example:

* In 1970, House minority leader [[Gerald R. Ford]] attempted to initiate impeachment proceedings against Associate Justice [[William O. Douglas]]; the attempt included a 90-minute speech on the House floor.<ref name=FordRoleImpeachmentDouglas>Legislative Reference Service of the Library of Congress, [https://www.fordlibrarymuseum.gov/library/document/0023/1687418.pdf ''Role of Vice-President Designate Gerald R. Ford in the Attempt to Impeach Associate Supreme Court Justice William O. Douglas''] {{Webarchive|url=https://web.archive.org/web/20190219025104/https://www.fordlibrarymuseum.gov/library/document/0023/1687418.pdf |date=February 19, 2019 }}.</ref> The House did not vote to initiate proceedings.
* In 1973, the [[United States Senate Watergate Committee|Senate Watergate hearings]] (with testimony from [[John Dean]], and the revelation of the [[Nixon White House tapes|White House tapes]] by [[Alexander Butterfield]]) were held in May and June 1973, and the House Judiciary Committee authorized [[Peter W. Rodino|Chairman Rodino]] to commence an investigation, with subpoena power, on October 30, 1973. The full House voted to initiate impeachment proceedings on February 6, 1974, that is, after nine months of formal investigations by various Congressional committees.
* Other examples are discussed in the article on [[Impeachment investigations of United States federal officials]].

Targets of congressional investigations have challenged the power of Congress to investigate before a formal resolution commences impeachment proceedings. For example, [[United States House Select Committee to Investigate Alleged Corruptions in Government|President Buchanan]] wrote to the committee investigating his administration:

{{quote|I do, therefore,{{nbsp}}... solemnly protest against these proceedings of the House of Representatives, because they are in violation of the rights of the coordinate executive branch of the Government, and subversive of its constitutional independence; because they are calculated to foster a band of interested parasites and informers, ever ready, for their own advantage, to swear before ''ex parte'' committees to pretended private conversations between the President and themselves, incapable, from their nature, of being disproved; thus furnishing material for harassing him, degrading him in the eyes of the country{{nbsp}}...<ref>James Buchanan, ''The Works of James Buchanan'' Vol. XII, pp. 225–226 (John Bassett Moore ed., J.B. Lippincott Company) (1911)</ref>}}

He maintained that the House of Representatives possessed no general powers to investigate him, except when sitting as an impeaching body.

When the Supreme Court has considered similar issues, it held that the power to secure "needed information{{nbsp}}... has long been treated as an attribute of the power to legislate.{{nbsp}}... [The power to investigate is deeply rooted in the nation's history:] It was so regarded in the British Parliament and in the colonial Legislatures before the American Revolution, and a like view has prevailed and been carried into effect in both houses of Congress and in most of the state Legislatures."<ref name="McGrain">''[[McGrain v. Daugherty]]'', {{Ussc|273|135|1927|pin=161}}.</ref> The Supreme Court also held, "There can be no doubt as to the power of Congress, by itself or through its committees, to investigate matters and conditions relating to contemplated legislation."<ref>''[[Quinn v. United States]]'', {{Ussc|349|155|1955|pin=160}}.</ref>

The Supreme Court considered the power of the Congress to investigate, and to subpoena executive branch officials, in a pair of cases arising out of alleged corruption in the administration of President [[Warren G. Harding]]. In the first, ''[[McGrain v. Daugherty]]'', the Court considered a subpoena issued to the brother of Attorney General Harry Daugherty for bank records relevant to the Senate's investigation into the Department of Justice. Concluding that the subpoena was valid, the Court explained that Congress's "power of inquiry{{nbsp}}... is an essential and appropriate auxiliary to the legislative function", as "[a] legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change." The Supreme Court held that it was irrelevant that the Senate's authorizing resolution lacked an "avow[al] that legislative action was had in view" because, said the Court, "the subject to be investigated was{{nbsp}}... [p]lainly [a] subject{{nbsp}}... on which legislation could be had" and such legislation "would be materially aided by the information which the investigation was calculated to elicit." Although "[a]n express avowal" of the Senate's legislative objective "would have been better", the Court admonished that "the presumption should be indulged that [legislation] was the real object."<ref name="McGrain"/>

Two years later, in ''Sinclair v. United States'',<ref>''[[Sinclair v. United States]]'', {{ussc|279|263|1929}}.</ref> the Court considered investigation of private parties involved with officials under potential investigation for public corruption. In ''Sinclair'', [[Harry F. Sinclair]], the president of an oil company, appealed his conviction for refusing to answer a Senate committee's questions regarding his company's [[Teapot Dome scandal|allegedly fraudulent lease on federal oil reserves at Teapot Dome]] in Wyoming. The Court, acknowledging individuals' "right to be exempt from all unauthorized, arbitrary or unreasonable inquiries and disclosures in respect of their personal and private affairs", nonetheless explained that because "[i]t was a matter of concern to the United States,&nbsp;... the transaction purporting to lease to [Sinclair's company] the lands within the reserve cannot be said to be merely or principally{{nbsp}}... personal." The Court also dismissed the suggestion that the Senate was impermissibly conducting a criminal investigation. "It may be conceded that Congress is without authority to compel disclosures for the purpose of aiding the prosecution of pending suits, but the authority of that body, directly or through its committees, to require pertinent disclosures in aid of its own constitutional power is not abridged because the information sought to be elicited may also be of use in such suits."

The Supreme Court reached similar conclusions in a number of other cases. In ''[[Barenblatt v. United States]]'',<ref>''[[Barenblatt v. United States]]'' {{Ussc|360|109|1959|pin=126}}.</ref> the Court permitted Congress to punish contempt, when a person refused to answer questions while testifying under subpoena by the House Committee on Un-American Activities. The Court explained that although "Congress may not constitutionally require an individual to disclose his ... private affairs except in relation to&nbsp;... a valid legislative purpose", such a purpose was present. Congress's "wide power to legislate in the field of Communist activity{{nbsp}}... and to conduct appropriate investigations in aid thereof[] is hardly debatable", said the Court, and "[s]o long as Congress acts in pursuance of its constitutional power, the Judiciary lacks authority to intervene on the basis of the motives which spurred the exercise of that power."

Presidents have often been the subjects of Congress's legislative investigations. For example, in 1832, the House vested a select committee with subpoena power "to inquire whether an attempt was made by the late Secretary of War{{nbsp}}... [to] fraudulently [award]{{nbsp}}... a contract for supplying rations" to Native Americans and to "further{{nbsp}}... inquire whether the President{{nbsp}}... had any knowledge of such attempted fraud, and whether he disapproved or approved of the same." In the 1990s, first the House and Senate Banking Committees and then a Senate special committee investigated President and Mrs. Clinton's involvement in the [[Whitewater controversy|Whitewater land deal]] and related matters. The Senate had an enabling resolution; the House did not.

The Supreme Court has also explained that Congress has not only the power, but the duty, to investigate so it can inform the public of the operations of government:

{{blockquote|It is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents. Unless Congress have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the government, the country must be helpless to learn how it is being served; and unless Congress both scrutinize these things and sift them by every form of discussion, the country must remain in embarrassing, crippling ignorance of the very affairs which it is most important that it should understand and direct. The informing function of Congress should be preferred even to its legislative function.<ref>''[[United States v. Rumely]]'', {{Ussc|345|41|1953|pin=43}}, quoting Woodrow Wilson, ''Congressional Government: A Study in American Politics'', 303.</ref>}}

==== House of Representatives: Impeachment ====
{{Redirect|House Manager|theater operations|House management}}
{{see also|U.S. presidential impeachment}}
[[File:Opening day of the Nixon impeachment inquiry.jpg|thumb|upright=1.2|left|First day of the Judiciary Committee's formal [[Impeachment process against Richard Nixon|impeachment hearings against President Nixon]], May&nbsp;9, 1974]]
[[File:Opening day of the Nixon impeachment inquiry.jpg|thumb|upright=1.2|left|First day of the Judiciary Committee's formal [[Impeachment process against Richard Nixon|impeachment hearings against President Nixon]], May&nbsp;9, 1974]]


Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate [[United States Congressional committee|committee]]. The impeachment process may be requested by non-members. For example, when the [[Judicial Conference of the United States]] suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a [[special prosecutor]], the president, or [[List of U.S. state legislatures|state or territorial legislature]], [[grand jury]], or by [[petition]]. An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives, which typically includes a referral to a House committee.<ref name = crs/>
Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate [[United States Congressional committee|committee]]. The impeachment process may be requested by non-members. For example, when the [[Judicial Conference of the United States]] suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a [[special prosecutor]], the president, or [[List of U.S. state legislatures|state or territorial legislature]], [[grand jury]], or by [[petition]]. An impeachment proceeding formally begins with a resolution adopted by the full House of Representative.<ref name = crs/>

The type of impeachment [[Resolution (law)|resolution]] determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the [[United States House Committee on the Judiciary|House Committee on the Judiciary]]. A resolution to authorize an investigation regarding impeachable conduct is referred to the [[United States House Committee on Rules|House Committee on Rules]], and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law).


An impeachment resolution may first pass through a [[List of United States House of Representatives committees|House committee]] before the full House vores on it.<ref name = crs/> The type of impeachment [[Resolution (law)|resolution]] determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the [[United States House Committee on the Judiciary|House Committee on the Judiciary]]. A resolution to authorize an investigation regarding impeachable conduct is referred to the [[United States House Committee on Rules|House Committee on Rules]], and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law).
==== Articles of impeachment ====


Where the Committee finds grounds for impeachment, it will set forth specific allegations of misconduct in one or more articles of impeachment. The Impeachment Resolution, or Articles of Impeachment, are then reported to the full House with the committee's recommendations.
Either as part of the impeachment resolution or separately specific grounds and allegations of for impeachment will be outlined in one or more [[articles of impeachment]].


{{anchor|House manager}}The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A [[Majority|simple majority]] of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the [[Speaker of the United States House of Representatives]]. These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.
The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A [[Majority|simple majority]] of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "[[House managers]]", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the [[Speaker of the United States House of Representatives]]. These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.{{citation needed|date=December 2022}}


==== Senate trial ====
==== Trial in the Senate ====
{{see main|Federal impeachment trial in the United States}}
{{see main|Federal impeachment trial in the United States}}


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Conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law"<ref>{{cite constitution |article=I |section=3 |clause=7 |polity=United States |date=1787}}</ref> in the regular federal or state courts. However, the [[Former Presidents Act]] of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. Because of an amendment to that law in 2013, a former president who has been removed from office due to impeachment and conviction is still guaranteed lifetime [[United States Secret Service|Secret Service]] protection.<ref name="mj-8jan2021">{{cite news |last1=Choma |first1=Russ |title=If Trump Is Impeached and Convicted, He'll Lose His Post-Presidency Perks |url=https://www.motherjones.com/politics/2021/01/if-trump-is-impeached-and-convicted-hell-lose-his-post-presidency-perks/ |access-date=January 9, 2021 |work=[[Mother Jones (magazine)|Mother Jones]] |date=January 8, 2021 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114193219/https://www.motherjones.com/politics/2021/01/if-trump-is-impeached-and-convicted-hell-lose-his-post-presidency-perks/ |url-status=live }}</ref>
Conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law"<ref>{{cite constitution |article=I |section=3 |clause=7 |polity=United States |date=1787}}</ref> in the regular federal or state courts. However, the [[Former Presidents Act]] of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. Because of an amendment to that law in 2013, a former president who has been removed from office due to impeachment and conviction is still guaranteed lifetime [[United States Secret Service|Secret Service]] protection.<ref name="mj-8jan2021">{{cite news |last1=Choma |first1=Russ |title=If Trump Is Impeached and Convicted, He'll Lose His Post-Presidency Perks |url=https://www.motherjones.com/politics/2021/01/if-trump-is-impeached-and-convicted-hell-lose-his-post-presidency-perks/ |access-date=January 9, 2021 |work=[[Mother Jones (magazine)|Mother Jones]] |date=January 8, 2021 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114193219/https://www.motherjones.com/politics/2021/01/if-trump-is-impeached-and-convicted-hell-lose-his-post-presidency-perks/ |url-status=live }}</ref>


=== History of federal constitutional impeachment ===
=== List of federal impeachments ===
In the [[United Kingdom]], impeachment was a procedure whereby a member of the [[House of Commons]] could accuse someone of a crime. If the Commons voted for the impeachment, a trial would then be held in the [[House of Lords]]. Unlike a [[bill of attainder]], a law declaring a person guilty of a crime, impeachments did not require [[royal assent]], so they could be used to remove troublesome officers of the Crown even if the monarch was trying to protect them.

The monarch, however, was above the law and could not be impeached, or indeed judged guilty of any crime. When [[King Charles I of England|King Charles I]] was tried before the [[Rump Parliament]] of the [[New Model Army]] in 1649 he denied that they had any right to legally indict him, their king, whose power was given by God and the laws of the country, saying: "no earthly power can justly call me (who is your King) in question as a delinquent{{nbsp}}... no learned lawyer will affirm that an impeachment can lie against the King." While the House of Commons pronounced him guilty and ordered his execution anyway, the jurisdictional issue tainted the proceedings.

With this example in mind, the delegates to the 1787 [[Constitutional Convention (United States)|Constitutional Convention]] chose to include an impeachment procedure in Article II, Section{{nbsp}}4 of the Constitution which could be applied to any government official; they explicitly mentioned the president to ensure there would be no ambiguity. Opinions differed, however, as to the reasons Congress should be able to initiate an impeachment. Initial drafts listed only treason and bribery, but [[George Mason]] favored impeachment for "maladministration" (incompetence). [[James Madison]] argued that impeachment should only be for criminal behavior, arguing that a maladministration standard would effectively mean that the president would serve at the pleasure of the Senate.<ref>{{Cite web |url=http://ap.grolier.com/article?assetid=0146580-0 |title=Welcome to The American Presidency |access-date=April 20, 2007 |archive-url=https://web.archive.org/web/20070930165132/http://ap.grolier.com/article?assetid=0146580-0 |archive-date=September 30, 2007 |url-status=dead}}</ref> Thus the delegates adopted a compromise version allowing impeachment by the House for "treason, bribery and other high crimes and misdemeanors" and conviction by the Senate only with the concurrence of two-thirds of the senators present.

{{Anchor|Federal officials impeached}}

=== List of formal impeachments ===
{{see also|U.S. presidential impeachment}}
{{see also|U.S. presidential impeachment}}
The House has approved articles of impeachment 21 times for 20 federal officers. Of these:
The House has approved articles of impeachment 21 times for 20 federal officers. Of these:
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|}
|}


== Impeachment by state governments ==
==== Other impeachment investigations ====
{{main|Impeachment investigations of United States federal officials|Impeachment investigations of United States federal judges}}
The House of Representatives has initiated impeachment proceedings 63 times since 1789.{{citation needed|date=May 2016}}

An [[impeachment process against Richard Nixon]] was commenced, but not completed, as he resigned from office before the full House voted on the articles of impeachment.<ref name="PresserArticleI" /> To date, no president or vice president has been removed from office by impeachment and conviction.

Below is an incomplete list of impeachment investigations that did not lead to formal charges passing the House. Blue highlight indicates President of the United States.
{| class="wikitable sortable"
|-
! data-sort-type="date" |Year of investigation
! colspan="2" | Accused
! Office
! Accusations
! Result<ref name="TF_Definitions" group="Note" />
|-
| data-sort-value="1826" | 1826
| [[File:George Peter Alexander Healy - John C. Calhoun - Google Art Project.jpg|70px]]
| style="white-space: nowrap;" | [[John C. Calhoun]]
| [[Vice president of the United States]]
| Profiting from a contract during tenure as [[United States secretary of war]]
| Calhoun requested the impeachment investigation himself, in hopes of clearing his name from allegations he profited from a contract during his tenure as United States secretary of war. Investigation lasted only weeks, and found Calhoun innocent of wrongdoing<ref>{{cite web |title=Vice President Spiro Agnew's impeachment request {{!}} US House of Representatives: History, Art & Archives |url=https://history.house.gov/Historical-Highlights/1951-2000/Vice-President-Spiro-Agnew-s-impeachment-request/ |website=history.house.gov |publisher=United States House of Representatives |access-date=20 March 2021 |language=en}}</ref><ref>{{cite web |title=Impeach or Indict ... |url=https://www.nytimes.com/1973/09/27/archives/impeach-or-indict-unacceptable-risk.html |website=The New York Times |access-date=20 March 2021 |date=27 September 1973}}</ref>
|- style="background:#afdcfc"
| data-sort-value="March 1, 1860" | 1860
| [[File:James_Buchanan.jpg|70px]]
| style="white-space: nowrap;" | [[James Buchanan]]
| [[President of the United States]]
| [[United States House Select Committee to Investigate Alleged Corruptions in Government|Corruption]]
| The [[United States House Select Committee to Investigate Alleged Corruptions in Government|Covode committee]] was established March 5, 1860, and submitted its final report on June 16, 1860. The committee found that Buchanan had not done anything to warrant impeachment, but that his was the most corrupt administration since the adoption of the US Constitution in 1789.<ref>Baker, Jean H.: James Buchanan; Times Books, 2004</ref><ref>U.S. House Journal, 36th Congress, 1st session, [http://memory.loc.gov/cgi-bin/query/r?ammem/hlaw:@field(DOCID+@lit(hj05668)) Page 450] {{Webarchive|url=https://web.archive.org/web/20191228130145/http://memory.loc.gov/cgi-bin/query/r?ammem%2Fhlaw%3A%40field%28DOCID+%40lit%28hj05668%29%29|date=December 28, 2019}}</ref>
|- style="background:#afdcfc"
| data-sort-value="January 22, 1867" | 1867
| [[File:President Andrew Johnson.jpg|70px]]
| style="white-space: nowrap;" | [[Andrew Johnson]]
| [[President of the United States]]
| High crimes and misdemeanors
| On January 7, 1867, the House of Representatives voted to launch [[First impeachment inquiry against Andrew Johnson|an impeachment inquiry]] into Johnson run by the House Committee on the Judiciary.<ref name="BuildingtheCase">{{cite web |title=Building the Case for Impeachment, December 1866 to June 1867 {{!}} US House of Representatives: History, Art & Archives |url=https://history.house.gov/Exhibitions-and-Publications/Johnson-Impeachment/Building-the-Case-for-Impeachment/ |website=history.house.gov |publisher=United States House of Representatives |access-date=2 March 2021 |language=en}}</ref> On November November 25, 1867, the committee, voted 5–4 to recommend impeachment proceedings. On December 7, 1867, the full House rejected impeachment by a 108–56 vote.<ref>{{cite web |title=Impeachment Efforts Against President Andrew Johnson {{!}} US House of Representatives: History, Art & Archives |url=https://history.house.gov/HistoricalHighlight/Detail/35408 |website=history.house.gov |publisher=United States House of Representatives |access-date=2 March 2021 |language=en}}</ref><ref>{{cite web |title=Impeachment Rejected, November to December 1867 {{!}} US House of Representatives: History, Art & Archives |url=https://history.house.gov/Exhibitions-and-Publications/Johnson-Impeachment/Impeachment-Rejected/ |website=history.house.gov |publisher=United States House of Representatives |access-date=2 March 2021 |language=en}}</ref><ref>{{cite web |title=The Case for Impeachment, December 1867 {{!}} US House of Representatives: History, Art & Archives |url=https://history.house.gov/Exhibitions-and-Publications/Johnson-Impeachment/The-Case-for-Impeachment/ |website=history.house.gov |publisher=United States House of Representatives |access-date=2 March 2021 |language=en}}</ref> Johnson would later, separately, be impeached in 1868.
|-
| data-sort-value="January 1, 1953" |1953
| rowspan="2" | [[File:Justice_William_O_Douglas.jpg|70px]]
| rowspan="2" | [[William O. Douglas]]
| rowspan="2" | Associate Justice of the U.S. Supreme Court
| Brief stay of execution for [[Julius and Ethel Rosenberg]]
| Referred to Judiciary Committee (Jun. 18, 1953); committee voted to end the investigation (Jul 7, 1953).
|-
| data-sort-value="January 1, 1970" |1970
| Failure to recuse on obscenity cases while at the same time having articles published in ''[[Evergreen Review]]'' and ''[[Avant-Garde (magazine)|Avant-Garde]]'' magazines; conflict of paid board positions with two non-profits
| Referred to a special subcommittee of the House Judiciary Committee (Apr. 21, 1970); subcommittee voted to end the investigation (Dec. 3, 1970).
|- style="background:#afdcfc"
| data-sort-value="January 1, 1974" | 1973–1974
| [[File:Richard Nixon presidential portrait.jpg|70px]]
| style="white-space: nowrap;" | [[Richard Nixon]]
| [[President of the United States]]
| [[Impeachment process against Richard Nixon#Debating articles of impeachment|Obstruction of justice, Abuse of Power, Contempt of Congress]]
| House Judiciary Committee begins investigating and issuing subpoenas (Oct. 30, 1973); House Judiciary Report on committee investigation (Feb. 1, 1974);<ref>House Rept 93–774</ref> House resolution 93-803 authorizes Judiciary Committee investigation (Feb. 6, 1974);<ref>{{Cite web|date=February 6, 1974|title=Actions - H.Res.803 - 93rd Congress (1973-1974): Resolution providing appropriate power to the Committee on the Judiciary to conduct an investigation of whether sufficient grounds exist to impeach Richard M. Nixon, President of the United States.|url=https://www.congress.gov/bill/93rd-congress/house-resolution/803/actions|url-status=live|archive-url=https://web.archive.org/web/20190401203054/https://www.congress.gov/bill/93rd-congress/house-resolution/803/actions|archive-date=April 1, 2019|access-date=May 22, 2019|website=www.congress.gov}}</ref> House Judiciary Committee votes three articles of impeachment to House floor (July 27–30, 1974);<ref>{{Cite web|title=Full text of "Watergate Hearings Before the House Committee on the Judiciary"|url=https://archive.org/stream/WatergateHearingsBeforeTheHouseCommitteeOnTheJudiciary/Judiciary+Committee+Hearings-+Impeachment+of+Richard+M+Nixon,+President+of+the+United+States_djvu.txt|website=archive.org}}</ref> proceedings terminated by resignation of President Nixon (August 8, 1974).
|}

There have been several unsuccessful attempts to initiate impeachment proceedings against presidents, including [[John Tyler#Impeachment attempt|John Tyler]] (impeachment defeated in the House, 83–127),<ref>{{cite news |title=Long Before Trump, Impeachment Loomed Over Multiple Presidents |first=Peter |last=Baker |date=November 30, 2019 |newspaper=[[New York Times]] |url=https://www.nytimes.com/2019/11/30/us/politics/impeachment-presidents.html |access-date=December 3, 2019 |archive-url=https://web.archive.org/web/20191203161014/https://www.nytimes.com/2019/11/30/us/politics/impeachment-presidents.html |archive-date=December 3, 2019 |url-status=live }}</ref> [[Efforts to impeach George W. Bush|George W. Bush]], and [[Efforts to impeach Barack Obama|Barack Obama]].

== Impeachment in the states ==
State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon.<ref name="states"/><ref>{{cite web |title=Impeachment {{!}} Definition, Process, History, & Facts |url=https://www.britannica.com/topic/impeachment |website=www.britannica.com |access-date=2 April 2022 |language=en}}</ref> The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well.<ref>New York State Constitution, Article VI, §&nbsp;24</ref> Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth, [[Governor of Oklahoma|Governor]] [[Lee Cruce]] of [[Oklahoma]], escaped impeachment by one vote in 1912. Several others, including [[Missouri]]'s [[Eric Greitens]] in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable.<ref name=Greitens>{{cite news|last1=Suntrup|first1=Jack|first2=Kurt|last2=Erickson|title=Embattled Gov. Eric Greitens resigns|url=http://www.stltoday.com/news/local/crime-and-courts/judge-greitens-team-must-turn-over-documents-from-his-dark/article_b3674fa9-5972-529e-b0a2-4c6ca010dc42.html|publisher=St. Louis Post-Dispatch|access-date=September 2, 2018|archive-url=https://web.archive.org/web/20180602191857/http://www.stltoday.com/news/local/crime-and-courts/judge-greitens-team-must-turn-over-documents-from-his-dark/article_b3674fa9-5972-529e-b0a2-4c6ca010dc42.html|archive-date=June 2, 2018|url-status=live}}</ref> The most recent impeachment of a state governor occurred on January 14, 2009, when the [[Illinois House of Representatives]] voted 117–1 to impeach [[Rod Blagojevich]] on [[Rod Blagojevich corruption charges|corruption charges]];<ref name="TribuneBlagojevichImpeach">{{cite news|url=http://newsblogs.chicagotribune.com/clout_st/2009/01/blagojevich-ove.html|title=House votes to impeach Blagojevich again|date=January 14, 2009|work=[[Chicago Tribune]]|access-date=January 14, 2009|archive-url=https://web.archive.org/web/20090119214603/http://newsblogs.chicagotribune.com/clout_st/2009/01/blagojevich-ove.html|archive-date=January 19, 2009|url-status=live}}</ref> he was subsequently removed from office and barred from holding future office by the [[Illinois Senate]] on January 29. He was the eighth U.S. state governor to be removed from office.
State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon.<ref name="states"/><ref>{{cite web |title=Impeachment {{!}} Definition, Process, History, & Facts |url=https://www.britannica.com/topic/impeachment |website=www.britannica.com |access-date=2 April 2022 |language=en}}</ref> The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well.<ref>New York State Constitution, Article VI, §&nbsp;24</ref> Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth, [[Governor of Oklahoma|Governor]] [[Lee Cruce]] of [[Oklahoma]], escaped impeachment by one vote in 1912. Several others, including [[Missouri]]'s [[Eric Greitens]] in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable.<ref name=Greitens>{{cite news|last1=Suntrup|first1=Jack|first2=Kurt|last2=Erickson|title=Embattled Gov. Eric Greitens resigns|url=http://www.stltoday.com/news/local/crime-and-courts/judge-greitens-team-must-turn-over-documents-from-his-dark/article_b3674fa9-5972-529e-b0a2-4c6ca010dc42.html|publisher=St. Louis Post-Dispatch|access-date=September 2, 2018|archive-url=https://web.archive.org/web/20180602191857/http://www.stltoday.com/news/local/crime-and-courts/judge-greitens-team-must-turn-over-documents-from-his-dark/article_b3674fa9-5972-529e-b0a2-4c6ca010dc42.html|archive-date=June 2, 2018|url-status=live}}</ref> The most recent impeachment of a state governor occurred on January 14, 2009, when the [[Illinois House of Representatives]] voted 117–1 to impeach [[Rod Blagojevich]] on [[Rod Blagojevich corruption charges|corruption charges]];<ref name="TribuneBlagojevichImpeach">{{cite news|url=http://newsblogs.chicagotribune.com/clout_st/2009/01/blagojevich-ove.html|title=House votes to impeach Blagojevich again|date=January 14, 2009|work=[[Chicago Tribune]]|access-date=January 14, 2009|archive-url=https://web.archive.org/web/20090119214603/http://newsblogs.chicagotribune.com/clout_st/2009/01/blagojevich-ove.html|archive-date=January 19, 2009|url-status=live}}</ref> he was subsequently removed from office and barred from holding future office by the [[Illinois Senate]] on January 29. He was the eighth U.S. state governor to be removed from office.


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* [[Evan Mecham]], [[Republican Party (United States)|Republican]] [[Governor of Arizona]], was impeached for obstruction of justice and misusing government funds<ref>{{cite book |last=Watkins |first=Ronald J. |title=High Crimes and Misdemeanors: The Term and Trials of Former Governor Evan Mecham |publisher=William Morrow & Co |location=New York |year=1990 |isbn=978-0-688-09051-7 |url-access=registration |url=https://archive.org/details/highcrimesmisdem0000watk }}</ref> and removed from office in April 1988.
* [[Evan Mecham]], [[Republican Party (United States)|Republican]] [[Governor of Arizona]], was impeached for obstruction of justice and misusing government funds<ref>{{cite book |last=Watkins |first=Ronald J. |title=High Crimes and Misdemeanors: The Term and Trials of Former Governor Evan Mecham |publisher=William Morrow & Co |location=New York |year=1990 |isbn=978-0-688-09051-7 |url-access=registration |url=https://archive.org/details/highcrimesmisdem0000watk }}</ref> and removed from office in April 1988.
* [[Rod Blagojevich]], [[Democratic Party (United States)|Democratic]] [[Governor of Illinois]], was impeached for abuse of power and corruption, including an attempt to sell the appointment to the [[United States Senate]] seat vacated by the resignation of [[Barack Obama]].<ref name=IHVtIGB>{{cite news|url=https://www.nytimes.com/2009/01/10/us/politics/10illinois.html|title=Illinois House Impeaches Governor|access-date=April 21, 2009|date=January 9, 2009|work=[[The New York Times]]|author=Saulny, Susan|archive-url=https://web.archive.org/web/20120517005916/http://www.nytimes.com/2009/01/10/us/politics/10illinois.html|archive-date=May 17, 2012|url-status=live}}</ref> He was removed from office in January 2009.
* [[Rod Blagojevich]], [[Democratic Party (United States)|Democratic]] [[Governor of Illinois]], was impeached for abuse of power and corruption, including an attempt to sell the appointment to the [[United States Senate]] seat vacated by the resignation of [[Barack Obama]].<ref name=IHVtIGB>{{cite news|url=https://www.nytimes.com/2009/01/10/us/politics/10illinois.html|title=Illinois House Impeaches Governor|access-date=April 21, 2009|date=January 9, 2009|work=[[The New York Times]]|author=Saulny, Susan|archive-url=https://web.archive.org/web/20120517005916/http://www.nytimes.com/2009/01/10/us/politics/10illinois.html|archive-date=May 17, 2012|url-status=live}}</ref> He was removed from office in January 2009.

==Impeachment by other government bodies in the United States==
Other governments in the United States also utilize impeachment, one example being the [[Tribal sovereignty in the United States|tribal government]] of the [[Pine Ridge Indian Reservation]], which uses a somewhat similar bifurcated process with an impeachment vote followed by an impeachment trial.<ref>{{cite web |last1=Wagoner |first1=Paula L. |title=n Experiment in Democracy: The politics of impeachment on the Pine Ridge Indian Reservation |url=https://www.juniata.edu/offices/juniata-voices/media/06-paula-wagoner.pdf |access-date=8 December 2022 |date=January 17, 2007}}</ref>


== See also ==
== See also ==

=== Related articles ===
{{col-list|
* [[Censure in the United States]]
* [[Censure in the United States]]
* ''[[Jefferson's Manual]]''
* [[List of federal political scandals in the United States]]
* [[Recall election]]
* [[Recall election]]

==== Investigations ====
* [[Impeachment inquiry in the United States]]
* [[Impeachment inquiry in the United States]]
* [[List of impeachment investigations of United States federal officials]]
* [[List of impeachment investigations of United States federal judges]]
* [[List of unsuccessful efforts to impeach United States federal officials]]
* [[1868 impeachment managers investigation]]
* [[First impeachment inquiry against Andrew Johnson]]
* [[Second impeachment inquiry against Andrew Johnson]]
* [[Impeachment inquiry against Bill Clinton]]
* [[Impeachment inquiry against Donald Trump]]
* [[United States House Select Committee to Investigate Alleged Corruptions in Government]]
* [[United States House Judiciary Task Force on Judicial Impeachment]]

==== Efforts (presidential) ====
* [[Efforts to impeach George W. Bush]]
* [[Efforts to impeach Barack Obama]]
* [[Efforts to impeach Donald Trump]] (includes various unsuccessful attempts)
* [[List of impeachment resolutions introduced against Donald Trump]]
* [[Efforts to impeach Joe Biden]]
* [[Presidency of John Tyler#Impeachment proceedings|Impeachment attempt against John Tyler]]
* [[United States House Select Committee to Investigate Alleged Corruptions in Government|Impeachment investigation against James Buchanan]]
* [[Impeachment process against Richard Nixon]]

==== Formal impeachments ====
* [[Impeachment of Andrew Johnson]]
* [[Impeachment of Bill Clinton]]
* [[First impeachment of Donald Trump]]
* [[Second impeachment of Donald Trump]]
|colwidth=40em}}


== Notes ==
== Notes ==
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* [https://www.senate.gov/reference/Index/Impeachment.htm U.S. Senate : Impeachment]
* [https://www.senate.gov/reference/Index/Impeachment.htm U.S. Senate : Impeachment]


{{US Constitution}}
{{United States Congress|powersprivilegesprocedurecommitteeshistoryandmedia}}
{{Impeachment in the United States}}
{{Impeachment in the United States}}


[[Category:Impeachment in the United States| ]]
[[Category:Impeachment in the United States| ]]
[[Category:Clauses of the United States Constitution]]

Revision as of 06:07, 15 December 2022

The 1999 impeachment trial of President Bill Clinton, Chief Justice William Rehnquist presiding
The 2020 first impeachment trial of Donald Trump, Chief Justice John Roberts presiding

Impeachment in the United States is the process by which the House of Representatives brings charges against a civil federal officer, the vice president, or the president for misconduct alleged to have been committed. Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution.

The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the United States Senate, which can vote by a 2/3 majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office

Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution.

Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because all officers in the federal government are confirmed in the Senate, officers appointed under the Appointments Clause of the Constitution may also be disqualified from holding any other appointed office under the United States in the future. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president is constitutionally precluded from granting a pardon to impeached and convicted persons.

Federal impeachment

Constitutional provisions

Article I, Section 2, Clause 5 of the United States Constitution provides:

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article I, Section 3, Clauses 6 and 7 provide:

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in Cases of Impeachment 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; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article II, Section 2 provides:

[The President] ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article II, Section 4 provides:

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.[1]

The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors",[2] but does not itself define "high crimes and misdemeanors".

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".[3] Federal judges are subject to impeachment.[4] 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.[5] At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law.

The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.[6] As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members ... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member" (see List of United States senators expelled or censured and List of United States representatives expelled, censured, or reprimanded). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee.[7]

The constitutional text is silent on whether an officer can be tried after the officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and the Senate has been willing to try the official after resignation. In 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial.[8] The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump, which commenced 20 days after Trump's term in office expired, although Trump's impeachment itself occurred while he was President. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.[9]

The Constitution does not limit the number of times an individual may be impeached. As of 2022, Donald Trump is the only federal officer to have been impeached more than once.

Process

At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry, though this is not a required stage.[10] The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate.

  • First, the the House investigates through an impeachment inquiry.
  • Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".
  • Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States. Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a majority of senators present.[11][12][13]

Impeachment in the House of Representatives

First day of the Judiciary Committee's formal impeachment hearings against President Nixon, May 9, 1974

Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor, the president, or state or territorial legislature, grand jury, or by petition. An impeachment proceeding formally begins with a resolution adopted by the full House of Representative.[10]

An impeachment resolution may first pass through a House committee before the full House vores on it.[10] The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law).

Either as part of the impeachment resolution or separately specific grounds and allegations of for impeachment will be outlined in one or more articles of impeachment.

The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the Speaker of the United States House of Representatives. These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.[citation needed]

Trial in the Senate

Depiction of the impeachment trial of President Andrew Johnson in 1868, Chief Justice Salmon P. Chase presiding.

Senate rules call for an impeachment trial to begin at 1 pm on the day after articles of impeachment are delivered to the Senate, except for Sundays. There is no timeframe requirement for when the managers must actually deliver the articles of impeachment to the Senate. On the set date, senators are sworn in for the impeachment trial.[14]

The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations.[15] The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defense with his or her own attorneys as well. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached.[16] The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State.[15]

Upon conviction in the Senate, the official is automatically removed from office and may by a separate vote also be barred from holding future office. The Senate trial is not an actual criminal proceeding and more closely resembles a civil service termination appeal in terms of the contemplated deprivation. Therefore, the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding. The president may not grant a pardon in the impeachment case, but may in any resulting federal criminal case (unless it is the president who is convicted and thus loses the pardon power). However, whether the president can self-pardon for criminal offenses is an open question, which has never been reviewed by a court.[17][failed verificationsee discussion]

Beginning in the 1980s with Harry E. Claiborne, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI.[15] These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber's time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as this did not meet the constitutional requirement for their cases to be "tried by the Senate". Several impeached judges, including District Court Judge Walter Nixon, sought court intervention in their impeachment proceedings on these grounds. In Nixon v. United States (1993),[18] the Supreme Court determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are political questions and could not be resolved in the courts.[19]

In the case of impeachment of the president, the Chief Justice of the Supreme Court presides over the trial. During the second impeachment trial of Donald Trump, some Senate Republicans argued that the Chief Justice was required to preside, even though Trump was no longer the President when the trial began. However, by a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.[20] The trial was presided over by President pro tempore Patrick Leahy.

The Constitution is silent about who would preside in the case of the impeachment of a vice president. It is doubtful the vice president would be permitted to preside over their own trial.[citation needed] As president of the Senate, the vice president would preside over other impeachments. If the vice president did not preside over an impeachment (of anyone besides the president), the duties would fall to the president pro tempore of the Senate.

To convict an accused, "the concurrence of two thirds of the [senators] present" for at least one article is required. If there is no single charge commanding a "guilty" vote from two-thirds of the senators present, the defendant is acquitted and no punishment is imposed.

Removal and disqualification

Conviction immediately removes the defendant from office. Following the vote on conviction, the Senate may by a separate vote also bar the individual from holding future federal office, elected or appointed. As the threshold for disqualification is not explicitly mentioned in the Constitution, the Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds supermajority. The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office.[21][22][23]

Conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law"[24] in the regular federal or state courts. However, the Former Presidents Act of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. Because of an amendment to that law in 2013, a former president who has been removed from office due to impeachment and conviction is still guaranteed lifetime Secret Service protection.[25]

List of federal impeachments

The House has approved articles of impeachment 21 times for 20 federal officers. Of these:

Of the 21 impeachments by the House, eight defendants were convicted and removed from office, four cases did not come to trial because the individuals had left office and the Senate did not pursue the case, and nine ended in acquittal. To date, every convicted official was a federal judge.[27][28] Of the eight to have been convicted and removed, three were disqualified from ever holding federal office again by the Senate.[23] One of the remaining five is former congressman Alcee Hastings (D-Florida), who was convicted and removed from office as a federal judge in 1989, but was not barred from holding federal office, only to be elected to the United States House of Representatives in 1992, a seat he held until his death on April 6, 2021.

No president impeached by the House has been convicted by the Senate. In two cases, a Senate majority voted to convict an impeached president, but the vote fell short of the required two-thirds majority and therefore the impeached president was not convicted. The two instances where this happened were the Senate trial of Andrew Johnson in 1868 (where Johnson escaped conviction by one vote), and the second Senate trial of Donald Trump in 2021, where Trump missed conviction by 10 votes.[29]

The following table lists federal officials who were impeached. Blue highlight indicates presidents of the United States.

# Date of impeachment Accused Office Accusations Result[Note 1]
1 July 7, 1797 William Blount United States Senator (Tennessee) Conspiring to assist Britain in capturing Spanish territory Senate expelled him from the chamber on their own authority on July 8, 1797. The House approved articles of impeachment on January 28, 1798.[30][31] At the end of the trial on January 11, 1799, Senate voted that they did not have jurisdiction.[Note 2][32]
2 March 2, 1803 John Pickering Judge (District of New Hampshire) Drunkenness and unlawful rulings Convicted; removed on March 12, 1804[30][32][33]
3 March 12, 1804 Samuel Chase Associate Justice (Supreme Court of the United States) Political bias and arbitrary rulings, promoting a partisan political agenda on the bench[34] Acquitted on March 1, 1805[30][33]
4 April 24, 1830 James H. Peck Judge (District of Missouri) Abuse of power[35] Acquitted on January 31, 1831[30][33][32]
5 May 6, 1862 West Hughes Humphreys Judge (Eastern, Middle, and Western Districts of Tennessee) Supporting the Confederacy Convicted; removed and disqualified on June 26, 1862[32][30][33]
6 February 24, 1868 Andrew Johnson President of the United States Violating the Tenure of Office Act. The Supreme Court would later state in dicta that the (by then repealed) Tenure of Office Act had been unconstitutional.[36] Acquitted on May 26, 1868; 35–19 in favor of conviction, falling one vote short of two-thirds.[30][32]
7 February 28, 1873 Mark W. Delahay Judge (District of Kansas) Drunkenness Resigned on December 12, 1873[33][37]
8 March 2, 1876 William W. Belknap United States Secretary of War (resigned just before impeachment vote) Graft, corruption Resigned on March 2, 1876; acquitted on August 1, 1876[30][32]
9 December 13, 1904 Charles Swayne Judge (Northern District of Florida) Failure to live in his district, abuse of power[38] Acquitted on February 27, 1905[30][33][32]
10 July 11, 1912 Robert W. Archbald Associate Justice (United States Commerce Court)
Judge (Third Circuit Court of Appeals)
Improper acceptance of gifts from litigants and attorneys Convicted; removed and disqualified on January 13, 1913[32][30][33]
11 April 1, 1926 George W. English Judge (Eastern District of Illinois) Abuse of power Resigned on November 4, 1926,[32][30] proceedings dismissed on December 13, 1926[32][33]
12 February 24, 1933 Harold Louderback Judge (Northern District of California) Corruption Acquitted on May 24, 1933[30][33][32]
13 March 2, 1936 Halsted L. Ritter Judge (Southern District of Florida) Champerty, corruption, tax evasion, practicing law while a judge Convicted; removed on April 17, 1936[30][33][32]
14 July 22, 1986 Harry E. Claiborne Judge (District of Nevada) Tax evasion Convicted; removed on October 9, 1986[30][33][32]
15 August 3, 1988 Alcee Hastings Judge (Southern District of Florida) Accepting a bribe, and committing perjury during the resulting investigation Convicted; removed on October 20, 1989[30][33][32]
16 May 10, 1989 Walter Nixon Chief Judge (Southern District of Mississippi) Perjury Convicted; removed on November 3, 1989[30][33][Note 3][32]
17 December 19, 1998 Bill Clinton President of the United States Perjury and obstruction of justice[39] Acquitted on February 12, 1999: 45–55 on perjury and 50–50 on obstruction of justice[30][40]
18 June 19, 2009 Samuel B. Kent Judge (Southern District of Texas) Sexual assault, and obstruction of justice during the resulting investigation Resigned on June 30, 2009,[33][41] proceedings dismissed on July 22, 2009[30][33][42][43]
19 March 11, 2010 Thomas Porteous Judge (Eastern District of Louisiana) Making false financial disclosures, corruption. Convicted; removed and disqualified on December 8, 2010[30][33][44][45]
20 December 18, 2019 Donald Trump President of the United States Abuse of power and obstruction of Congress Acquitted on February 5, 2020: 48–52 on abuse of power and 47–53 on obstruction of Congress
21 January 13, 2021 Incitement of insurrection Acquitted on February 13, 2021: 57–43 in favor of conviction on incitement of insurrection, falling 10 votes short of two-thirds.

Impeachment by state governments

State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon.[46][47] The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well.[48] Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment by one vote in 1912. Several others, including Missouri's Eric Greitens in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable.[49] The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117–1 to impeach Rod Blagojevich on corruption charges;[50] he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth U.S. state governor to be removed from office.

The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York a mayor is removed directly by the governor "upon being heard" on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor.

In 2018, the entire Supreme Court of Appeals of West Virginia was impeached, something that has been often threatened, but had never happened before.

Most states follow the same model as the United States federal government of having the lower chamber of their legislatures hold a vote to "impeach", thereby triggering an impeachment trial held in the upper chamber of their legislatures. However, several states do differ from the convention of holding the impeachment trial in the state legislature’s upper chamber. In a reverse, in Alaska it is the upper chamber of the legislature that votes to impeach while the lower chamber acts as the court of impeachment. In Missouri, after the lower chamber votes to impeach, an impeachment trial is held before a panel of seven judges (requiring a vote of five judges to convict). The members of the panel are selected by the upper legislative chamber, the Missouri State Senate. In Nebraska, which has a unicameral legislature, after the Nebraska Legislature votes to impeach, an impeachment trial takes place before the Nebraska Supreme Court. In Oklahoma, after an impeachment vote, both chambers of the Oklahoma Legislature act together as a court of impeachment in a joint session.[46] In addition to all the members of its upper chamber, the state of New York's Court of the Trial of Impeachments also includes all seven members of the state's highest court, the New York Court of Appeals.[51]

State and territorial officials impeached

Date Accused Office Result
1804 William W. Irvin Associate Judge, Fairfield County, Ohio, Court of Common Pleas Removed
1832 Theophilus W. Smith Associate Justice, Illinois Supreme Court Acquitted[52]
February 26, 1862 Charles L. Robinson Governor of Kansas Acquitted[53]
John Winter Robinson Secretary of State of Kansas Removed on June 12, 1862[54]
George S. Hillyer State auditor of Kansas Removed on June 16, 1862[54]
1871 William Woods Holden Governor of North Carolina Removed
1871 David Butler Governor of Nebraska Removed[53]
February 1872 Harrison Reed Governor of Florida Acquitted[55]
March 1872 George G. Barnard New York Supreme Court (1st District) Removed
1872 Henry C. Warmoth Governor of Louisiana "Suspended from office", though trial was not held[56]
1876 Adelbert Ames Governor of Mississippi Resigned[53]
1888 James W. Tate Kentucky State Treasurer Removed
1901 David M. Furches Chief Justice, North Carolina Supreme Court Acquitted[57]
Robert M. Douglas Associate Justice, North Carolina Supreme Court Acquitted[57]
August 13, 1913[58] William Sulzer Governor of New York Removed on October 17, 1913[59]
July 1917 James E. Ferguson Governor of Texas Removed[60]
October 23, 1923 John C. Walton Governor of Oklahoma Removed
January 21, 1929 Henry S. Johnston Governor of Oklahoma Removed
April 6, 1929[61] Huey P. Long Governor of Louisiana Acquitted
June 13, 1941 Daniel H. Coakley Massachusetts Governor's Councilor Removed on October 2, 1941
May 1958[62] Raulston Schoolfield Judge, Hamilton County, Tennessee Criminal Court Removed on July 11, 1958[63]
March 14, 1984[64] Paul L. Douglas Nebraska Attorney General Acquitted by the Nebraska Supreme Court on May 4, 1984[65]
February 6, 1988[66] Evan Mecham Governor of Arizona Removed on April 4, 1988[67]
March 30, 1989[68] A. James Manchin State treasurer of West Virginia Resigned on July 9, 1989, before trial started[69]
January 25, 1991[70] Ward "Butch" Burnette Kentucky Commissioner of Agriculture Resigned on February 6, 1991, before trial started[71]
May 24, 1994[72] Rolf Larsen Associate Justice, Pennsylvania Supreme Court Removed on October 4, 1994, and declared ineligible to hold public office in Pennsylvania[73]
October 6, 1994[74] Judith Moriarty Secretary of State of Missouri Removed by the Missouri Supreme Court on December 12, 1994[75]
November 11, 2004[76] Kathy Augustine Nevada State Controller Censured on December 4, 2004, not removed from office[77]
April 11, 2006[78] David Hergert Member of the University of Nebraska Board of Regents Removed by the Nebraska Supreme Court on July 7, 2006[79]
January 8, 2009
(first vote)[80]
Rod Blagojevich Governor of Illinois 95th General Assembly ended
January 14, 2009
(second vote)[81]
Removed on January 29, 2009, and declared ineligible to hold public office in Illinois[82]
February 11, 2013[83] Benigno Fitial Governor of the Northern Mariana Islands Resigned on February 20, 2013
August 13, 2018[84] Robin Davis Associate Justices, Supreme Court of Appeals of West Virginia Retired on August 13, 2018.[85]
Allen Loughry Resigned on November 12, 2018.[86][87]
Beth Walker Reprimanded and censured on October 2, 2018, not removed from office.[88]
Margaret Workman Chief Justice, Supreme Court of Appeals of West Virginia Retired on December 31, 2020.[89]
April 12, 2022[90] Jason Ravnsborg South Dakota Attorney General Removed on June 21, 2022 and declared ineligible to hold office in South Dakota[91]

State governors

At least five state governors have been impeached and removed from office:

  • William Sulzer, Democratic Governor of New York; false report, perjury, and suborning perjury; convicted and removed October 1913.
  • James E. Ferguson, Democratic Governor of Texas, was impeached for misapplication of public funds and embezzlement. In July 1917, Ferguson was convicted and removed from office.
  • Jack C. Walton, Democratic Governor of Oklahoma, was impeached for a variety of crimes including illegal collection of campaign funds, padding the public payroll, suspension of habeas corpus, excessive use of the pardon power, and general incompetence. In November 1923, Walton was convicted and removed from office.[92]
  • Evan Mecham, Republican Governor of Arizona, was impeached for obstruction of justice and misusing government funds[93] and removed from office in April 1988.
  • Rod Blagojevich, Democratic Governor of Illinois, was impeached for abuse of power and corruption, including an attempt to sell the appointment to the United States Senate seat vacated by the resignation of Barack Obama.[94] He was removed from office in January 2009.

Impeachment by other government bodies in the United States

Other governments in the United States also utilize impeachment, one example being the tribal government of the Pine Ridge Indian Reservation, which uses a somewhat similar bifurcated process with an impeachment vote followed by an impeachment trial.[95]

See also

Notes

  1. ^ "Removed and disqualified" indicates that following conviction the Senate voted to disqualify the individual from holding further federal office pursuant to Article I, Section 3 of the United States Constitution, which provides, in pertinent part, that "[j]udgment in cases of impeachment 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."
  2. ^ During the impeachment trial of Senator Blount, it was argued that the House of Representatives did not have the power to impeach members of either House of Congress; though the Senate never explicitly ruled on this argument, the House has never again impeached a member of Congress. The Constitution allows either house to expel one of its members by a two-thirds vote, which the Senate had done to Blount on the same day the House impeached him (but before the Senate heard the case).
  3. ^ Judge Nixon later challenged the validity of his removal from office on procedural grounds; the challenge was ultimately rejected as nonjusticiable by the Supreme Court in Nixon v. United States.

References

Citations

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