Impeachment

Definition

Impeachment is the process by which a legislative body (usually a parliament or congress) brings charges against a civil officer of government for crimes alleged to have been committed while in office. It is a formal accusation of wrongdoing that can lead to the removal of the accused from office.

5 Must Know Facts For Your Next Test

1. Impeachment is a political process, not a criminal one, and is intended to remove officials from office, not to impose criminal penalties.
2. The U.S. Constitution grants the House of Representatives the sole power of impeachment, while the Senate has the sole power to try an impeachment.
3. Impeachable offenses include treason, bribery, and other high crimes and misdemeanors, which are broadly defined and can include abuse of power, corruption, and violations of public trust.
4. If the President is impeached, the Chief Justice of the Supreme Court presides over the trial in the Senate, rather than the Vice President, who normally presides.
5. Impeachment is a rare and consequential process, with only a few U.S. presidents having been impeached (Andrew Johnson, Bill Clinton, and Donald Trump), and none having been convicted and removed from office.

Review Questions

• Explain the role of the U.S. Congress in the impeachment process.
  • The U.S. Constitution grants the House of Representatives the sole power of impeachment, which is the formal accusation of wrongdoing against a civil officer of the government. The House is responsible for investigating potential impeachable offenses and drafting and approving articles of impeachment. If the House votes to impeach, the process then moves to the Senate, which has the sole power to try the impeachment. The Senate conducts a trial and, if two-thirds of senators vote to convict, the official is removed from office.
• Analyze the concept of 'high crimes and misdemeanors' in the context of impeachment.
  • The Constitution's standard of 'high crimes and misdemeanors' for impeachable offenses is broadly defined and can include a range of serious abuses of power, corruption, and violations of public trust. This standard is intentionally vague, allowing for flexibility in addressing different types of misconduct. Interpretations of what constitutes a 'high crime or misdemeanor' have evolved over time, and there is ongoing debate about the precise scope of this term. However, the underlying principle is that impeachable offenses are those that undermine the public's trust in the government and its officials.
• Evaluate the role of impeachment in the system of checks and balances within the U.S. government.
  • Impeachment is a crucial mechanism in the system of checks and balances that distributes power among the three branches of government. It allows the legislative branch, specifically the House of Representatives, to hold the executive branch accountable for serious abuses of power or misconduct. This power to impeach and potentially remove the President or other civil officers serves as a check on the executive branch's authority, preventing any one branch from becoming too dominant. The impeachment process is intended to maintain the balance of power and ensure that no branch of government operates without proper oversight and accountability to the people.

Related terms

Abuse of Power: The misuse of one's position of power or authority for personal gain or to the detriment of others.

High Crimes and Misdemeanors: The constitutional standard for impeachable offenses, which include serious abuses of power, corruption, and violations of public trust.

Checks and Balances:

The system of distributing power among the three branches of government (executive, legislative, and judicial) to prevent any one branch from becoming too powerful.