Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office. The actual trial on those charges, and subsequent removal of an official on conviction on those charges, is separate from the act of impeachment itself.
Impeachment is analogous to indictment in regular court proceedings, while trial by the other house is analogous to the trial before judge and jury in regular courts. Typically, the lower house of the legislature will impeach the official and the upper house will conduct the trial.
At the federal level, Article II of the United States Constitution (Section 4) states 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 House of Representatives has the sole power of impeaching, while the United States Senate has the sole power to try all impeachments. The removal of impeached officials is automatic upon conviction in the Senate. In Nixon v. United States (1993), the Supreme Court determined that the federal judiciary cannot review such proceedings.
At the Philadelphia Convention, Benjamin Franklin noted that, historically, the removal of “obnoxious” chief executives had been accomplished by assassination. Franklin suggested that a proceduralized mechanism for removal — impeachment — would be preferable.
House of Representatives
Impeachment proceedings may be commenced by a member of the House of Representatives on their own initiative, either by presenting a listing of the charges under oath, or by asking for referral to the appropriate committee. The impeachment process may be triggered by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of what actions constitute grounds for impeachment may come from a special prosecutor, the President, a state or territorial legislature, grand jury, or by petition.
The type of impeachment resolution determines to which committee it will be 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 referred to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. If the Committee finds grounds for impeachment they will set forth specific allegations of misconduct in one or more articles of impeachment. The Impeachment Resolution, or Article(s) of Impeachment, are then reported to the full House with the committee's recommendations.
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 or 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/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 proceedings unfold in the form of a trial, with each side having the right to call witnesses and perform cross-examinations. The House members, who are given the collective title of managers during the course of the trial, present the prosecution case and the impeached official has the right to mount a defense with his own attorneys as well. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence (as opposed to the House of Lords in the Parliament of the United Kingdom, who vote upon their honor). After hearing the charges, the Senate usually deliberates in private. The U.S. Constitution requires a two-thirds majority for conviction.
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. Upon conviction, the official is automatically removed from office and may also be barred from holding future office. The removed official is also liable to criminal prosecution. The President may not grant a pardon in the impeachment case, but may in any resulting criminal case.
Beginning in the 1980s, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI. 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 well as the Senate's constitutional mandate, as a body, to have "sole power to try all impeachments." Several impeached judges sought court intervention in their impeachment proceedings on these grounds, but the courts refused to become involved due to the Constitution's granting of impeachment and removal power solely to the legislative branch, making it a political question.
When 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 am your King) in question as a delinquent ... no learned lawyer will affirm that an impeachment can lie against the King." In contradistinction to this, when the Constitution of the United States was written, the authors made it absolutely clear that the President could, indeed, be "impeached" using the same term the former king had used.
In writing Article II, Section Four, George Mason had favored impeachment for "maladministration" (incompetence), but James Madison, who favored impeachment only for criminal behavior, carried the issue. Hence, cases of impeachment may be undertaken only for "treason, bribery and other high crimes and misdemeanors." However, some scholars, such as Kevin Gutzman, have disputed this view and argue that the phrase "high crimes and misdemeanors" was intended to have a much more expansive meaning.
The Congress traditionally regards impeachment as a power to use only in extreme cases; the House of Representatives has actually initiated impeachment proceedings only 62 times since 1789. Two cases did not come to trial because the individuals had left office.
Actual impeachments of 19 federal officers have taken place. Of these, 15 were federal judges: thirteen district court judges, one court of appeals judge (who also sat on the Commerce Court), and one Supreme Court Associate Justice. Of the other four, two were Presidents, one was a Cabinet secretary, and one was a U.S. Senator. Of the 19 impeached officials, eight were convicted. One, former judge Alcee Hastings, was elected as a member of the United States House of Representatives after being removed from office.
The 1797 impeachment of Senator William Blount of Tennessee stalled on the grounds that the Senate lacked jurisdiction over him. Because, in a separate action unrelated to the impeachment procedure, the Senate had already expelled Blount, the lack of jurisdiction may have been either because Blount was no longer a Senator, or because Senators are not civil officers of the federal government and therefore not subject to impeachment. No other member of Congress has ever been impeached, although the Constitution does give authority to either house to expel its own members (not members of the other chamber), which each has done on occasion (see List of United States senators expelled or censured and List of United States Representatives expelled, censured, or reprimanded). Expulsion removes the individual from functioning as a representative or senator because of their misbehavior, but unlike impeachment, expulsion cannot result in barring an individual from holding future office.
Impeachment of a U.S. President
The law of presidential powers and duties is ill-defined. Justice Robert H. Jackson wrote in 1952 that there is "a poverty of really useful and unambiguous authority applicable to concrete problems of executive power as they actually present themselves." Two U.S. Presidents have been impeached by the House of Representatives—Andrew Johnson in 1868 and Bill Clinton in 1998—both later acquitted at trials held by the Senate. While articles of impeachment against Richard Nixon were passed by the House Judiciary Committee in 1974, Nixon resigned the Presidency before the impeachment resolutions could be considered.
When an impeachment process involves a U.S. President, the Chief Justice of the United States is required to preside during the Senate trial. In all other trials, the Vice President would preside in his capacity as President of the Senate. Some academics have suggested that due to an omission in the Constitution, the Vice President also would preside over his or her own impeachment trial, but the logic of this argument has been questioned.
Federal officials impeached
|#||Date of Impeachment||Accused||Office||Accusation(s)||Result[Note 1]|
|1||July 7, 1797||
|United States Senator (Tennessee)||Conspiring to assist Britain in capturing Spanish territory||Senate refused to accept impeachment of a Senator by the House of Representatives, instead expelling him from the Senate on their own authority[Note 2]|
|2||March 2, 1803||
||Judge (District of New Hampshire)||Drunkenness and unlawful rulings||Removed on March 12, 1804|
|3||March 12, 1804||
|Associate Justice (Supreme Court of the United States)||Political bias and arbitrary rulings, promoting a partisan political agenda on the bench ||Acquitted on March 1, 1805|
|4||April 24, 1830||
James H. Peck
|Judge (District of Missouri)||Abuse of power||Acquitted on January 31, 1831|
|5||May 6, 1862||
West Hughes Humphreys
|Judge (Eastern, Middle, and Western Districts of Tennessee)||Supporting the Confederacy||Removed and disqualified on June 26, 1862|
|6||February 24, 1868||
|President of the United States||Violating the Tenure of Office Act||Acquitted on May 26, 1868|
|7||February 28, 1873||
Mark W. Delahay
|Judge (District of Kansas)||Drunkenness||Resigned on December 12, 1873|
|8||March 2, 1876||
William W. Belknap
|United States Secretary of War||Graft/corruption||Acquitted after his resignation on August 1, 1876.|
|9||December 13, 1904||
||Judge (Northern District of Florida)||Failure to live in his district, abuse of power||Acquitted on February 27, 1905|
|10||July 11, 1912||
||Associate Justice (United States Commerce Court)
Judge (Third Circuit Court of Appeals)
|Improper acceptance of gifts from litigants and attorneys||Removed and disqualified on January 13, 1913|
|11||April 1, 1926||
||Judge (Eastern District of Illinois)||Abuse of power||Resigned on November 4, 1926, proceedings dismissed on December 13, 1926|
|12||February 24, 1933||
||Judge (Northern District of California)||Corruption||Acquitted on May 24, 1933|
|13||March 2, 1936||
||Judge (Southern District of Florida)||Champerty/corruption, tax evasion, practicing law while a judge||Removed on April 17, 1936|
|14||July 22, 1986||
||Judge (District of Nevada)||Tax evasion||Removed on October 9, 1986|
|15||August 3, 1988||
|Judge (Southern District of Florida)||Accepting a bribe, and committing perjury during the resulting investigation||Removed on October 20, 1989|
|16||May 10, 1989||
|Chief Judge (Southern District of Mississippi)||Perjury||Removed on November 3, 1989[Note 3]|
|17||December 19, 1998||
|President of the United States||Perjury and obstruction of justice||Acquitted on February 12, 1999|
|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, proceedings dismissed on July 22, 2009|
|19||March 11, 2010||
|Judge (Eastern District of Louisiana)||Making false financial disclosures||Removed and disqualified on December 8, 2010|
Demands for impeachment
While the actual impeachment of a federal public official is a rare event, demands for impeachment, especially of presidents, are common, going back to the administration of George Washington in the mid-1790s. In fact, most of the 63 resolutions mentioned above were in response to presidential actions.
While almost all of them were for the most part frivolous and were buried as soon as they were introduced, several did have their intended effect. Treasury Secretary Andrew Mellon 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.
Impeachment in the states
State legislatures can impeach state officials, including governors. 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. Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. A total of at least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment conviction by a single vote in 1912. Several others, most recently Connecticut's John G. Rowland, have resigned rather than face impeachment, when events seemed to make it inevitable. 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; he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth state governor in American history 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.
State and territorial officials impeached
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- Censure in the United States
- Efforts to impeach George W. Bush
- Impeachment investigations of United States federal officials
- Impeachment investigations of United States federal judges
- Jefferson's Manual
- List of federal political scandals in the United States
- Recall election
- "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."
- 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).
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In action so rare it has been carried out only 14 times since 1803, the House on Friday impeached a federal judge — imprisoned U.S. District Court Judge Samuel B. Kent...(Archived by WebCite at http://www.webcitation.org/5hfRJRw37)
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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.
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A State Supreme Court justice convicted on drug charges was impeached today by the Pennsylvania House of Representatives.
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Rolf Larsen yesterday became the first justice of the Pennsylvania Supreme Court to be removed from office through impeachment. The state Senate, after six hours of debate, found Larsen guilty of one of seven articles of impeachment at about 8:25 p.m, then unanimously voted to remove him permanently from office and bar him from ever seeking an elected position again.
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The House voted overwhelmingly Thursday to impeach Secretary of State Judith K. Moriarty for misconduct that "breached the public trust." The move, the first impeachment in Missouri in 26 years, came at 4:25 p.m. in a hushed House chamber.
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In a unanimous opinion Monday, the Missouri Supreme Court convicted Secretary of State Judith K. Moriarty of misconduct and removed her from office.
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With the last vote and by the slimmest of margins, the Legislature did to University of Nebraska Regent David Hergert Wednesday what it hadn’t done in 22 years — move to unseat an elected official.
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University of Nebraska Regent David Hergert was convicted Friday of manipulating campaign-finance laws during his 2004 campaign and then lying to cover it up. The state Supreme Court ruling immediately removed Hergert, 66, from office.
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