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Terms in this set (11)
"impeach"
bringing charges against a government official
British Parliament invented impeachment in 1376 and the framers of the Constitution included it in order to prevent misuse of power by elected officials
Articles I & II of the Constitution authorize the House and Senate to remove the president, vice president, or other civil officers of the United States for committing "Treason, Bribery, or other High Crimes and Misdemeanors."
begins in the House. If the House votes to impeach (charge) the officer, it draws up articles of impeachment and submits them to the Senate, which conducts an actual trial
do not have to be specifically illegal, in violation of a law or statute
Uniform Code of Military Justice provides the foundation for punishable offenses which can result in impeachment. It was established by Congress in accordance with Article I of the Constitution which states that "The Congress shall have Power... to make Rules for the Government and Regulation of the land and naval forces."
British Parliament invented impeachment in 1376 and the framers of the Constitution included it in order to prevent misuse of power by elected officials
Articles I & II of the Constitution authorize the House and Senate to remove the president, vice president, or other civil officers of the United States for committing "Treason, Bribery, or other High Crimes and Misdemeanors."
begins in the House. If the House votes to impeach (charge) the officer, it draws up articles of impeachment and submits them to the Senate, which conducts an actual trial
do not have to be specifically illegal, in violation of a law or statute
Uniform Code of Military Justice provides the foundation for punishable offenses which can result in impeachment. It was established by Congress in accordance with Article I of the Constitution which states that "The Congress shall have Power... to make Rules for the Government and Regulation of the land and naval forces."
high crimes
crimes and behavior that apply to persons in high positions
official status require special obligations that do not apply to ordinary people
Supreme Court has historically held that these phrases must be construed according to what the framers intended at the time it was written Originalism
official status require special obligations that do not apply to ordinary people
Supreme Court has historically held that these phrases must be construed according to what the framers intended at the time it was written Originalism
Punishable offenses
Perjury of oath
Refusal to obey orders
Abuse of authority
Dereliction of duty
Failure to supervise
Moral turpitude
Conduct unbecoming
Refusal to obey orders
Abuse of authority
Dereliction of duty
Failure to supervise
Moral turpitude
Conduct unbecoming
House to Senate
1. Submission of Resolution House member can initiate an impeachment by drafting a resolution that either calls directly for impeachment, which is referred to the Committee on the Judiciary, or calls for an investigation of an official by a standing committee or a special committee, which will referred to the Committee on Rules
2. Investigation and Hearings issue subpoenas for persons and/or written and other records, and conduct hearings
3. Articles of Impeachment simple resolution which will be presented to the full House
4. House Vote simple majority vote (more than half) is required to approve the articles and send the case to the Senate for trial
5. Managers in Trial After the House agrees to the articles of impeachment, it appoints Members to serve as Managers in the Senate trial.
These "Managers" present the case to the Senate, similar to the way that a prosecutor would present a case to a court
2. Investigation and Hearings issue subpoenas for persons and/or written and other records, and conduct hearings
3. Articles of Impeachment simple resolution which will be presented to the full House
4. House Vote simple majority vote (more than half) is required to approve the articles and send the case to the Senate for trial
5. Managers in Trial After the House agrees to the articles of impeachment, it appoints Members to serve as Managers in the Senate trial.
These "Managers" present the case to the Senate, similar to the way that a prosecutor would present a case to a court
House to Senate 2
1. Trial Members of the Senate consider evidence and hear witnesses in the trial vice president, as President of the Senate, presides over impeachment hearings
in the case of presidential impeachment trials, the Chief Justice of the Supreme Court presides over the trial
2. Vote two-thirds vote of the Senate to convict an official, which will result in the their being removed from office and potentially disqualified from ever holding public office in the future
in the case of presidential impeachment trials, the Chief Justice of the Supreme Court presides over the trial
2. Vote two-thirds vote of the Senate to convict an official, which will result in the their being removed from office and potentially disqualified from ever holding public office in the future
History of Impeachments
1789, the House of Representatives has initiated impeachment proceedings 63 times
20 officials have been impeached (15 judges, three presidents - Trump impeached twice, one secretary of war, one Senator), and 8 of those were convicted by the Senate
Most impeachment resolutions that have been filed against presidents have died in the House Judiciary Committee. Only 5 presidential cases have gone further than that.
3 presidents have been formally impeached by Congress. No president, to date, has ever been impeached and removed from office
Eight presidents have died while in office, and one president has resigned
20 officials have been impeached (15 judges, three presidents - Trump impeached twice, one secretary of war, one Senator), and 8 of those were convicted by the Senate
Most impeachment resolutions that have been filed against presidents have died in the House Judiciary Committee. Only 5 presidential cases have gone further than that.
3 presidents have been formally impeached by Congress. No president, to date, has ever been impeached and removed from office
Eight presidents have died while in office, and one president has resigned
John Tyler, 10th US President 1842
Vice President to William H. Harrison, who died only weeks after his inaugural address. No formal succession process had been put into place at that time, so Tyler simply assumed the full powers of an elected President.
The 25th Amendment was not adopted until 1967.
Members of Congress viewed his excessive use of the veto (he vetoed 10 bills) an impeachable abuse of power. John Quincy Adams led the committee that introduced an impeachment resolution, though the attempt failed
The 25th Amendment was not adopted until 1967.
Members of Congress viewed his excessive use of the veto (he vetoed 10 bills) an impeachable abuse of power. John Quincy Adams led the committee that introduced an impeachment resolution, though the attempt failed
1868 Andrew Johnson, 17th US President
assumed the presidency following the assassination of President Abraham Lincoln in 1865.
The House of Representatives was presented with 11 articles of impeachment, the primary charge being a violation of the Tenure of Office Act, passed by Congress in 1867. The trial by the Senate began three days after the House agreed to the articles of impeachment, on March 2, 1868.
Johnson was acquitted, as the Senate was just one vote shy of the two-thirds requirement
The House of Representatives was presented with 11 articles of impeachment, the primary charge being a violation of the Tenure of Office Act, passed by Congress in 1867. The trial by the Senate began three days after the House agreed to the articles of impeachment, on March 2, 1868.
Johnson was acquitted, as the Senate was just one vote shy of the two-thirds requirement
Richard Nixon, 37th US President 1974
elected president in 1969. The The House of Representatives was presented with three articles of impeachment after Nixon refused to release White House tape recordings of crucial information regarding the Watergate scandal, citing Executive Privilege. He did eventually release the tapes, but not until ordered to do so by the Supreme Court after the trial was already underway.
Prior to a vote in the full House (which was very likely to be in favor of impeachment), Nixon chose to resign from the office, being the first and, to date, the only President to do so
Prior to a vote in the full House (which was very likely to be in favor of impeachment), Nixon chose to resign from the office, being the first and, to date, the only President to do so
Bill Clinton, 42nd US President 1998
elected president in 1993. The House of Representatives was presented with four articles of impeachment, and he was impeached on (charged with) two of them. One of perjury and one of obstruction of justice.
The Senate votes were split on party lines, not one Democrat voted guilty on either charge. The conviction fell short by 12 votes of the two-thirds requirement
The Senate votes were split on party lines, not one Democrat voted guilty on either charge. The conviction fell short by 12 votes of the two-thirds requirement
Donald Trump, 45th US President 2019, 2021
elected president in 2016. In 2019 the House of Representatives was presented with two articles of impeachment, abuse of power and obstruction of justice.
The Republican Senate rejected attempts to introduce subpoenas for witnesses or documents. Trump was acquitted on both counts.
Republican Mitt Romney became the first US Senator to vote to convict a president of his own party in an impeachment trial
2021 the House of Representatives was presented with one article of impeachment, incitement of insurrection, alleging that Trump incited the Jan 6 storming of the Capitol(
Trump was acquitted with 57 Senators voting "guilty" and 43 voting "not guilty". Ten republicans voted guilty, the most pro-impeachment votes from a president's own party.
To date, Trump is the only US President to be impeached more than once
The Republican Senate rejected attempts to introduce subpoenas for witnesses or documents. Trump was acquitted on both counts.
Republican Mitt Romney became the first US Senator to vote to convict a president of his own party in an impeachment trial
2021 the House of Representatives was presented with one article of impeachment, incitement of insurrection, alleging that Trump incited the Jan 6 storming of the Capitol(
Trump was acquitted with 57 Senators voting "guilty" and 43 voting "not guilty". Ten republicans voted guilty, the most pro-impeachment votes from a president's own party.
To date, Trump is the only US President to be impeached more than once