Impeachment Explainer
The impeachment debate is back in the news as House Democrats released a resolution to impeach President Donald Trump on Monday, Jan. 11, 2021. The House voted 232-197 to impeach Trump a second time on Wednesday, Jan. 13, 2020. [16] [17]
The resolution charged Trump with “willfully inciting violence against the government of the United States” that resulted in the Jan. 6, 2021 events in which “a mob unlawfully breached the Capitol, injured law enforcement personnel, menaced Members of Congress and the Vice President, interfered with the Joint Session’s solemn constitutional duty to certify election results, and engaged in violent, deadly, destructive, and seditious acts.” [16]
The House delivered the article of impeachment to the Senate on Monday, Jan. 25, 2021. The House and the Senate agreed to begin the impeachment trial during the week of Feb. 8, 2021. Without an agreement, the trial would have begun on the afternoon of Jan. 26, 2021. [18]
Senator Patrick Leahy (D-VT) stated that he would preside over the impeachment trial as president pro tempore of the Senate, because the president pro tempore “has historically presided over Senate impeachment trials of non-presidents.” The Chief Justice of the US Supreme Court presides over the impeachment trials of sitting presidents, as John Roberts did in Trump’s first impeachment trial. [19]
The second impeachment trial of President Donald Trump began on Feb. 9, 2021 with a debate and vote on whether an impeachment trial of a former president is constitutional. Senators voted 56-44 that the trial is constitutional, and proceeded with the trial. [20] [21]
On Feb. 13, 2021, the Senate voted 57-43, largely along party lines, to acquit President Trump in the second impeachment trial. [22]
Source: Christine Ferretti, “Trump Addresses Impeachment at Rally as House Votes to Impeach Him,” detroitnews.com, Dec. 18, 2019
What Is Impeachment?
The US Constitution gives the House of Representatives the sole power to formally charge a federal official who is suspected of committing a crime or abuse of power, using a process called impeachment. If the House approves the articles of impeachment (the charges of wrongdoing) in a majority vote, the official goes to trial in the Senate, which has the sole power to try all impeachments. [1] If an official is convicted by two-thirds of the senators present for the trial, the official will be removed from office. All federal government officials, including the president and vice president, are subject to impeachment. [2]
No US president has had to leave the White House due to impeachment. [3] President Donald Trump was impeached on Dec. 18, 2019 and acquitted on Feb. 5, 2020, and impeached for a second time on Jan. 13, 2021, making Trump the only sitting president to be impeached twice. [13][14][15][17] Presidents Bill Clinton (in 1998) and Andrew Johnson (in 1868) were impeached by the House of Representatives, but were acquitted by the Senate. [3][4][5] President Richard Nixon resigned in 1974 rather than face impeachment. [4][5]
Source: Andrew Cohen, “Why This Is Not Trump’s Watergate,” nybooks.com, Oct. 31, 2017
When Can a Federal Official Be Impeached?
According to Article II, Section 4 of the US Constitution: “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.” [7]
Source: John Trumbull, “Alexander Hamilton Portrait by John Trumbull 1806,” wikipedia.org (accessed Nov. 7, 2019)
Alexander Hamilton wrote in the Federalist Papers No. 65 on Mar. 7, 1788 that the grounds for impeachment “are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust, adding that impeachment was “designed as a method of NATIONAL INQUEST into the conduct of public men.” [4][8][9]
Charlie Savage, MSL, Washington Correspondent for the New York Times, explained, “The term ‘high crimes and misdemeanors’ came out of the British common law tradition: it was the sort of offense that Parliament cited in removing crown officials for centuries. Essentially, it means an abuse of power by a high-level public official. This does not necessarily have to be a violation of an ordinary criminal statute.” [4]
What Happens in the US House of Representatives?
According to Article 1, Section 2, Clause 5 of the Constitution, impeachment can only be initiated in the US House of Representatives. The term “impeachment” refers to formal charges being filed (like an indictment). The person being charged does not have to leave office after being impeached by the House; instead, they will go to trial in the Senate. [3][5][10]
Source: Steve Kornacki, “Clinton Kept His Party with Him to Stop Impeachment. Trump’s Approach Is Different,” nbcnews.com, Oct. 5, 2019
The process in the House can vary. It may begin with the House Judiciary Committee investigating and recommending articles of impeachment, which are formal written allegations of “treason, bribery, or other high crimes and misdemeanors” that the Committee believes warrant a trial. [4][5][10] The House could form a special panel to investigate or skip the committee step altogether.
According to Stephen Vladeck, JD, Law Professor at the University of Texas, “the Constitution actually says nothing about the process the House is supposed to follow when it comes to impeachment inquiries, other than that it eventually has to approve articles of impeachment before sending the matter to the Senate.” [11]
Regardless of which path is taken, the result is the articles of impeachment. The full House then votes on the articles of impeachment. [4][5] Read the articles of impeachment against Trump, Clinton, Nixon, and Johnson.
If at least one article gets a majority vote in the House, the federal official has been impeached. [4]
What Happens in the US Senate?
After the House adopts the articles of impeachment, the process moves to the Senate. [4] The Senate has the sole power to try impeachment cases at trial, according to Article I, Section 3, Clauses 6 and 7 of the Constitution. [7]
In the Senate, a trial is held with the Chief Justice of the US Supreme Court, currently Chief Justice John Roberts, presiding as the judge. US Representatives from the House act as prosecutors, called “managers.” The impeached official may choose their own defense counsel. [4][5][9][10]
Theodore R. Davis, “Illustration of Johnson’s Impeachment Trial in the United States Senate, by Theodore R. Davis, Published in Harper’s Weekly,” wikipedia.org (accessed Nov. 7, 2019)
No set rules for the Senate trial exist. Instead, a resolution is passed in the Senate laying out trial procedure before the trial begins. [4]
If the official is not convicted, they remain impeached but are considered acquitted and not removed from office. [4]
If two-thirds of the Senate, acting as the jury, find the official guilty of the articles of impeachment, the official is removed from office without possibility of appeal. In the case of a US president being convicted, the vice president would become president. [3][4][5][10] The Senate could then disqualify the impeached president from ever holding public office again with a simple majority vote. [3]
Who Has Been Impeached?
The House of Representatives has impeached 20 people since 1797: one senator, one associate justice of the US Supreme Court, 14 federal judges, one Secretary of War, and Presidents Trump, Clinton and Johnson. [3][12]
Eight of those 20 were removed from office following a Senate trial, eight were acquitted, three resigned before or during the trial, and one had charges dismissed. [12]
| Individual & Title | House Impeachment Date & Charges | Senate Trial Dates & Outcome of Senate Trial |
|
|---|---|---|---|
| 1. | William Blount US Senator (TN) | July 7, 1797 Conspiring to assist in Great Britain's attempt to seize Spanish-controlled territories in modern-day Florida and Louisiana | Dec. 17, 1798 - Jan. 14, 1799 Charges dismissed for want of jurisdiction Blount was expelled from the Senate before trail |
| 2. | John Pickering US District Court Judge, New Hampshire | Mar. 2, 1803 Intoxication on the bench and unlawful handling of property claims | Mar. 3, 1803 - Mar. 12, 1804 Found guilty and removed from office |
| 3. | Samuel Chase US Supreme Court Associate Justice | Mar. 12, 1804 Charges: arbitrary and oppressive conduct of trials | Dec. 7, 1804 - Mar. 1, 1804 Acquitted |
| 4. | James H. Peck US District Court Judge, Western District of Tennessee | Apr. 24, 1830 Abuse of the contempt of power | Apr. 26, 1830 - Jan. 31, 1831 Acquitted |
| 5. | West H. Humphreys US District Court Judge, Western District of Tennessee | May 6, 1862 Refusing to hold court and waging war against the US government | June 9-26 1862 Found guilty, removed from office, and disqualified from holding future office |
| 6. | Andrew Johnson 17th President of the US | Feb. 24, 1868 Violating the Tenure of Office Act by removing Secretary of War Edwin Stanton from office | Feb. 25 - May 26, 1868 Acquitted |
| 7. | Mark H. Delahay US District Court Judge, Kansas | Feb. 28, 1873 Intoxicated on the bench | No trial held Resigned prior to trial |
| 8. | William W. Belknap US Secretary of War | Mar. 2, 1876 Criminal disregard for his office and accepting payments in exchange for making official appointments | Mar. 3, - Aug. 1, 1876 Acquitted |
| 9. | Charles Swayne US District Court Judge, Northern District of Florida | Dec. 13, 1904 Abuse of contempt power and other misuses of office | Dec. 14, 1904 - Feb. 27, 1905 Acquitted |
| 10. | Robert W. Archibald US Commerce Court Associate Judge | July 11, 1912 Improper business relationships with litigants | July 13, 1912 - Jan. 13, 1913 Found guilty, removed from office, and disqualified from holding future office |
| 11. | George W. English US District Court Judge, Eastern District of Illinois | Apr. 26, 1926 Abuse of power | Apr. 23 - Dec. 13, 1926 Resigned on Nov. 4, 1926 and the trial was dismissed on Dec. 13, 1926 |
| 12. | Harold Louderback US District Court Judge, Northern District of California | Feb. 24, 1933 Favoritism in the appointment of bankruptcy receivers | May 15-24, 1933 Acquitted |
| 13. | Halsted L. Ritter US District Court Judge, Southern District of Florida | Mar. 2, 1936 Favoritism in the appointment of bankruptcy receivers and practicing law as a sitting judge | Mar. 10 - Apr. 17, 1936 Found guilty and removed from office |
| 14. | Harry E. Claiborne US District Court Judge, Nevada | July 22, 1986 Income tax evasion and remaining on the bench following a criminal conviction | Oct. 7-9, 1986 Found guilty and removed from office |
| 15. | Alcee L. Hastings US District Court Judge, Southern District of Florida | Aug. 3, 1988 Perjury and conspiring to solicit a bribe | Oct. 18-20, 1989 Found guilty and removed from office |
| 16. | Walter L. Nixon US District Court Judge, Southern District of Mississippi | May 10, 1989 Perjury before a federal grand jury | Nov. 1-3, 1989 Found guilty and removed from office |
| 17. | William J. Clinton 42nd President of the United States | Dec. 19, 1998 Lying under oath to a federal grand jury and obstruction of justice | Jan. 7 - Feb. 12, 1999 Acquitted |
| 18. | Samuel B. Kent US District Court Judge, Southern District of Texas | June 19, 2009 Sexual assault, obstructing and impeding an official proceeding, and making false and misleading statements | June 24 - July 22, 2009 Resigned before completion of trial |
| 19. | G. Thomas Porteous, Jr. US District Court Judge, Eastern District of Louisiana | Mar. 11, 2010 Accepting bribes and making false statements under penalty of perjury | Dec. 7-8, 2010 Found guilty, removed from office, and disqualified from holding future office |
| 20. | Donald Trump 45th President of the United States | Dec.18, 2019 Abuse of power and obstruction of Congress | Jan. 16, 2020 - Feb. 5, 2020 Acquitted |
| 21. | Donald Trump 45th President of the United States | Jan. 13, 2021 Incitement of insurrection | Feb. 9-13, 2021 Acquitted |
Source: US State House of Representatives History, Art & Archives, “List of Individuals Impeached by the House of Representatives,” history.house.gov (accessed Sep. 25, 2019)
Discussion Questions
1. Should the US House of Representatives and US Senate have a set protocol for impeaching a federal official? What sort of protocols? Why or why not?
2. Should federal officials who have been impeached be allowed to hold public office? Why or why not? What if they were acquitted in the Senate?
3. In what ways does an impeachment differ from a criminal trial? Explain your answers.
4. What are some examples of crimes or actions for which you think a federal official should be impeached?
5. Do you think the impeachment process is set up in a way that protects the best interests of the American public? Why or why not?
Footnotes:
- US House of Representatives History, Art, & Archives, “Impeachment,” history.house.gov (accessed Nov. 7, 2019)
- US Senate, “Impeachment,” senate.gov (accessed Nov. 7, 2019)
- Pete Williams, “What Is Impeachment and How Does It Work?,” nbcnews.com, Sep. 25, 2019
- Charlie Savage, “How the Impeachment Process Works,” nytimes.com, Sep. 24, 2019
- Brian Pascus, “Pelosi Launches Impeachment Inquiry into Trump: What Is It and What Happens Next?,” cbsnews.com, Sep. 24, 2019
- Nicholas Fandos, “Nancy Pelosi Announces Formal Impeachment Inquiry of Trump,” nytimes,com, Oct. 4, 2019
- Legal Information Institute, “U.S. Constitution,” law.cornell.edu (accessed Sep. 25, 2019)
- Alexander Hamilton, “The Federalist Papers: No. 65,” avalon.law.yale.edu, Mar. 7, 1788 (accessed Sep. 25, 2019)
- Nicole Goodkind, “Impeachment Explained: Donald Trump, Nancy Pelosi and What Happens Next,” newsweek.com, Sep. 25, 2019
- Andrew O’Reilly, “The Impeachment Inquiry: How Does Removing a President Work?,” foxnews.com, Sep. 24, 2019
- Brian Naylor, “Who Sets the Rules? When Is It Real? And Other Big Questions on Impeachment,” npr.org, Oct. 9, 2019
- US State House of Representatives History, Art & Archives, “List of Individuals Impeached by the House of Representatives,” history.house.gov (accessed Sep. 25, 2019)
- Nicholas Fandos and Michael D. Shear, “Trump Impeached for Abuse of Power and Obstruction of Congress,” nytimes.com, Dec. 19, 2019
- Elise Viebeck, Rachael Bade, and Seung Min Kim, “House Delivers Historic Impeachment Case against Trump to Senate,” washingtonpost.com, Jan. 15, 2020
- Peter Baker, “Impeachment Live Updates: Senate Acquits Trump, Ending Historic Trial,” nytimes.com, Feb. 5, 2020
- The Hill Staff, “Read: Lawmakers’ Drafted Article of Impeachment against Trump,” thehill.com Jan. 11, 2021
- Zachary B. Wolf,” The House Just Voted to Impeach President Trump. Here’s What Happens Next,” cnn.com, Jan. 13, 2021
- Mike Lillis and Scott Wong, “House Formally Sends Impeachment to Senate, Putting Trump on Trial for Capitol Riot,” thehill.com, Jan. 25, 2021
- Amy Howe, “Roberts Will Not Preside over Impeachment Trial,” scotusblog.com, Jan. 25, 2021
- Mary Clare Jalonick, “Explainer: What’s ahead as Trump Impeachment Trial Begins,” apnews.com, Feb. 9, 2021
- Jeremy Herb, Manu Raju and Lauren Fox, “Senators Vote That Impeachment Trial Is Constitutional Following House Managers and Trump Lawyer Debate,” cnn.com, Feb. 9, 2021
- Jordain Carney, “Senate Votes 57-43 for Trump Acquittal,” the hill.com, Feb. 13, 2021
