11.2 Impeachment and Removal Processes

Impeachment and removal processes are crucial checks on government power. They allow Congress to hold officials accountable for serious misconduct, maintaining the balance between branches. This power, while rarely used, serves as a deterrent against abuse of office.

The process involves the House impeaching and the Senate trying the case. It's not criminal but political, aimed at removing officials from power. While only three presidents have faced impeachment, none were convicted, showing the high bar for removal.

Impeachment and Removal of Officials

Constitutional Grounds and Procedures

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• Article II, Section 4 of the U.S. Constitution provides that the President, Vice President, and all civil officers of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors
• The Constitution does not define the terms "high crimes and misdemeanors," leaving it to Congress to determine what conduct warrants impeachment
• Impeachment is not a criminal process; rather, it is a political process designed to remove an official from office for misconduct or abuse of power
• If convicted by a two-thirds majority in the Senate, the official is removed from office and may be barred from holding future federal office

Impeachment Process in the House of Representatives

• The impeachment process begins in the House of Representatives, where articles of impeachment may be introduced by a member and referred to the appropriate committee, typically the House Judiciary Committee
  • If the committee finds sufficient grounds for impeachment, it will draft and vote on articles of impeachment, which are then sent to the full House for consideration
  • A simple majority vote in the House is required to approve the articles of impeachment, which then moves the process to the Senate for trial
• The House Judiciary Committee typically conducts an investigation and holds hearings to gather evidence and testimony before drafting articles of impeachment

House vs Senate Roles in Impeachment

House of Representatives as Grand Jury

• The House of Representatives has the sole power to impeach federal officials, acting as a grand jury to determine if there are sufficient grounds for impeachment
• The House Judiciary Committee typically conducts an investigation and holds hearings to gather evidence and testimony
  • If the committee finds sufficient evidence, it will draft and vote on articles of impeachment, which are then sent to the full House for consideration
• A simple majority vote in the House is required to approve articles of impeachment, which then moves the process to the Senate for trial

Senate as Court for Impeachment Trials

• The Senate has the sole power to try impeachment cases, acting as a court to determine if the official should be convicted and removed from office
  • The Senate trial is presided over by the Chief Justice of the Supreme Court when the President is being impeached, and by the Vice President (as President of the Senate) in other cases
  • The Senate hears evidence, testimony, and arguments from both the House impeachment managers (acting as prosecutors) and the accused official's defense counsel
• A two-thirds majority vote in the Senate is required to convict and remove an official from office, while the House only requires a simple majority to approve articles of impeachment

Impeachment's Impact on Power

Historical Instances of Presidential Impeachments

• In U.S. history, only three Presidents have faced impeachment proceedings: Andrew Johnson (1868), Bill Clinton (1998), and Donald Trump (2019 and 2021). None were convicted and removed from office by the Senate
  • Andrew Johnson was impeached for violating the Tenure of Office Act and narrowly avoided conviction in the Senate by one vote
  • Bill Clinton was impeached for perjury and obstruction of justice related to the Monica Lewinsky scandal but was acquitted in the Senate
  • Donald Trump was impeached twice, first for abuse of power and obstruction of Congress related to the Ukraine scandal, and second for incitement of insurrection following the January 6, 2021 Capitol riot. He was acquitted by the Senate in both instances

Impeachment's Effect on Separation of Powers and Politics

• The impeachment of a President can significantly impact the balance of power between the executive and legislative branches, as it represents Congress asserting its constitutional authority to hold the President accountable for misconduct
  • Impeachment proceedings can also have political consequences, potentially affecting public opinion, electoral outcomes, and the ability of a President to advance their agenda
• In addition to Presidents, several federal judges and a few other federal officials have been impeached and removed from office throughout U.S. history, demonstrating that impeachment is a tool for maintaining accountability across all branches of government