Impeachment in the US: Separating Fact from Fiction
“1) The president, vice president, and all federal civil officers, including federal judges and cabinet members. 2) Members of Congress cannot be impeached, but they can be expelled by their own chamber with a two-thirds vote. 3) Richard Nixon resigned in 1974 before the House could vote on articles of impeachment. 4) Impeachment is the formal accusation by the House of Representatives, and removal only occurs when the Senate convicts after a trial. 5) The House investigates and votes on articles of impeachment. The Senate conducts the trial and votes on whether to convict and remove the official. 6) A two-thirds majority of senators present must vote to convict. 7) Removal from office and possible disqualification from holding future federal office. 8) “Treason, bribery, or other high crimes and misdemeanors” as stated in the U.S. constitution. 9) Treason is levying war against the United States or aiding its enemies, and bribery is offering, giving, receiving, or soliciting something of value to influence official actions. 10) Investigation and drafting of articles of impeachment, house vote on articles of impeachment, and Senate trial and vote on conviction or removal. 11) The House Judiciary Committee typically considers votes on articles of impeachment before they go to the full House. 12) The Senate has conducted impeachment trials for numerous federal officials, including three presidential impeachment trials involving Andrew Johnson, Bill Clinton, and two trials of Donald Trump, make a total of four presidential impeachment trials. 13) Public opinion can influence elected officials’ decisions about whether to support impeachment or conviction, although it does not have a formal role in the constitutional process.”
Summary
The president, vice president, and all federal civil officers—including judges and cabinet members—are subject to impeachment, while members of Congress can only be expelled by a two‑thirds vote of their chamber. Richard Nixon resigned before the House could vote on articles of impeachment. Impeachment is the House’s formal accusation; removal requires a Senate conviction by a two‑thirds majority of senators present, which also may include disqualification from future office. The constitutional grounds are treason, bribery, or other high crimes and misdemeanors, defined as levying war or aiding enemies and offering value to influence actions. The process proceeds from investigation and drafting, to House voting
Sources 60 searched
- Overview of Impeachment Clause | Constitution Annotated | Congress.gov | Library of Congress
Congress has most notably employed the impeachment tool against the President and federal judges, but all federal civil officers are subject to removal by impeachment.4Footnote U.S. Const. art.
- Offices Eligible for Impeachment | Constitution Annotated | Congress.gov | Library of Congress
The Constitution’s structure and historical practice also indicate that impeachment likely does not apply to Members of Congress.17Footnote See ArtII.S4.4.3 Jurisprudence on Impeachable Offenses (1789–1860); The Federalist No.
- Impeachment | US House of Representatives: History, Art & Archives
“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.”— U.S. Constitution, Article II, section 4The Constitution gives the House of Representatives ...
- List of Individuals Impeached by the House of Representatives | US House of Representatives: History, Art & Archives
The Constitution gives the House of Representatives “the sole Power of Impeachment” (Article I, Section 2) of federal officers and gives the Senate “the sole Power to try all Impeachments” (Article I, Section 3). In the constitutional procedure of impeachment and removal, the House serves in the role of a grand jury bringing charges against an officer suspected of “Treason, Bribery, or other high Crimes and Misdemeanors” (Article II, Section 4).Since the House initiates this procedure, it also appoints impeachment managers to conduct the case against the officer in the Senate proceeding.
- U.S. Senate: About Impeachment
[but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment. The practice of impeachment originated in England and was later used ...
- U.S. Senate: About Impeachment | Impeachment Cases
1. Date of impeachment; No Senate action taken due to Delahay's resignation on December 12, 1873 · Return to About Impeachment
- How federal impeachment works | USAGov
Learn more about impeachment, including its history and how the U.S. Constitution grants impeachment powers to Congress. The House has initiated impeachment proceedings more than 60 times. But there have been only 21 impeachments.
- House Practice: A Guide to the Rules, Precedents and Procedures of the House - Chapter 27. Impeachment
In one recent case, the court denied the claim of a former Federal judge that conviction voted by the Senate on two articles of impeachment adopted by the House was void because the judge was not afforded trial before the ``full'' Senate, rather than before a Senate committee. The court ruled that the Senate's denial of the former judge's motion for hearing before the full Senate, while according him the opportunity to present and cross-examine witnesses before the 12-member committee, and [[Page 608]] an opportunity to argue both personally and by counsel before the full Senate, did not make the controversy justiciable or the claim meritorious.
- Impeachment and the Constitution | Congress.gov | Library of Congress
Congress's impeachment of Judge Ritter was the first to be challenged in court.279 Judge Ritter sued in the Federal Court of Claims seeking back pay, arguing that the charges brought against him were not impeachable under the Constitution and that the Senate improperly voted to acquit on six specific articles but to convict on a single omnibus article.280 In rejecting Judge Ritter's suit, the court held that the Senate has exclusive jurisdiction over impeachments and courts lack authority to review the Senate's verdict.281
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