The Impeachment Process
The House and the Senate share responsibility over the impeachment process. The responsibilities of each body are different. One charges the federal officer with an impeachable offense and the other holds a trial.
What does the U.S. Constitution state about the role of the House in the impeachment process?
Article 1, section 2
of the U.S. Constitution states:
“The House of Representatives shall have the sole power of impeachment.”
The House has the “
power to charge a federal officer
” with an impeachable offense by passing bills or articles of impeachment that outline the charges being made against the federal officer. These Article(s) of Impeachment are first considered by the House Judiciary Committee (the committee that has jurisdiction (authority) to review impeachments), and if approved, are brought to the House for a vote. A majority of the members of the House (218) must approve the Article(s) of Impeachment. If the House approves the Article(s) of Impeachment then the federal officer has been “impeached.”
How many articles of impeachment
have been brought to the House
for a vote? Was Clinton impeached?
Was President Donald Trump
impeached by the U.S. House
of Representatives?
Who can be Impeached?
Article II, section 4
of the U.S. Constitution states that:
“the President, Vice President, and all civil officers of the U.S. shall be removed..”
Wait a minute! Who are the “civil
officers of the U.S.? Can a member
of Congress be impeached?
What is an “Impeachable Offense?”
The U.S. Constitution states that a federal officer can be removed for treason, bribery, and other High crimes and misdemeanors (Article II, section 4, U.S. Constitution). Treason is defined in the Constitution (Article III) and bribery is generally thought to mean getting a favor in return for a favor (“quid pro quo”). What is not clear is the meaning of “other High crimes and misdemeanors.” The House determines what are “High crimes and misdemeanors.” They do not have to involve an actual crime. It could include, but is not limited to, neglect of duty and breach of public trust. Misdemeanor in this context simply means “bad conduct.”
For more information on the impeachment process, see Alexander Hamilton’s essays on the Impeachment process in the
Federalist
papers #65, #66. Go to:
Federalist #65
Federalist #66
For more information about the efforts to impeach Andrew Johnson in March 1867, go to:
Andrew Johnson (White House History)
What is the Role of the Senate in the Impeachment Process?
Once the House acts to impeach the President, for example, then the Senate is responsible for holding a trial (see Article I, section 3, U.S. Constitution). Evidence is presented by the attorneys representing the President and House managers (members of the House Judiciary Committee) to the Senators. The Senators may only submit their questions in writing to the Chief Justice of the U.S. Supreme Court who presides over the trial if the impeachment involves a President. Witnesses can be called to testify or as in President Clinton’s case, videotaped testimony of Monica Lewinsky and Vernon Jordan, the President’s close friend, were introduced as evidence.
Where two-thirds (2/3) of the Senators (present) vote to “convict” on one or more of the Articles of Impeachment, the U.S. Constitution requires that the federal officer, here the President, be immediately
removed from office
(seeArticle I, section 3, U.S. Constitution).
The Senate can also take vote to disqualify the federal officer from holding and enjoying “any office of honor, trust, or profit under the U.S.” (Article I, Section 3
,
U.S. Constitution). This means that the President could be prohibited from running for Congress, or from being appointed to the federal bench.
Did the Senate vote to convict and
remove President Clinton?
Did the Senate hold a trial
to “convict and remove”
President Trump?
If a President is removed from office, he can be indicted for crimes he may have committed. The U.S. Constitution states that the federal officer, here the President, shall be “liable and subject to indictment, trial, judgment and punishment according to the law” (Article I, section 3).
For example, had President Clinton been convicted (for perjury before a federal grand jury and for obstruction of justice) and removed from the Presidency, he could have been indicted (formally charged) with perjury before a Federal grand jury and obstruction of justice by the U.S. Department of Justice, tried, and if found guilty by a jury, served time in prison.
Didn’t President Clinton get held
for contempt?
Express Powers and Implied Powers
The U.S. Congress has
express powers
, those written in the U.S. Constitution,(See Article I, Section 8, U.S. Constitution)and
implied powers
(those powers that would be “appropriate, convenient, and useful” in carrying out its express powers”
McCulloch v. Maryland
). For example, one of Congress’s implied powers is to be able to draft men into combat (express power is to raise an army). Congress’s implied power is provided for in the “necessary and proper” clause of the U.S. Constitution.
Displayed is the famous Uncle Sam “I want you for U.S. Army” recruitment poster.
You need
not memorize
all the express powers. Only a few will be mentioned below:
Lay and collect taxes – – Under the Articles of Confederation, our first constitution, the Confederation Congress could only ask the state legislatures for revenue. It lacked the power to directly tax the people and thus, had problems raising revenue to pay for the Revolutionary War, among other things. The framers of our current constitution addressed this problem by ensuring that the national Congress could directly tax the people. Today, those of you who earn enough money, pay federal Income Tax.
Pay its debts.
Provide for the common defense and general welfare of the United States.
Borrow money (federal government sells government securities, Treasury bonds and notes) .
Regulate interstate commerce (buying and selling or exchange of goods between states) , foreign commerce (foreign trade, like NAFTA and CAFTA), and trade with the Indian tribes.
Coin money (and regulate its value).
Establish post offices.
Establish lower federal courts – – like the U.S. Tax Court and military courts .
Declare war (last formal declaration of war after attack on Pearl Harbor).
Raise and support the army (armed forces).
Provide and maintain a navy.
Make the rules/regulation for governing the conduct of our military personnel – – U.S. Code of Military Justice.
Issue and regulate patents and copyrights.
Govern the naturalization process – – foreign born individual wants to obtain U.S. citizenship and must look to federal law that governs the nationalization process
Determine immigration policies – – legal and illegal immigration is within the purview of Congress – – Congress has full authority over aliens.
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