High crimes and misdemeanors

Definition

High crimes and misdemeanors refer to the constitutional grounds for impeachment of federal officials, including the President, as outlined in the U.S. Constitution. This phrase encompasses serious offenses that violate the trust placed in public officials, often interpreted to include abuse of power, corruption, or conduct unbecoming of an officeholder. The term connects closely with the mechanisms for removing officials from office and emphasizes the balance of power within the government.

5 Must Know Facts For Your Next Test

1. The phrase 'high crimes and misdemeanors' is not explicitly defined in the Constitution, leading to varied interpretations throughout history.
2. Impeachment requires a majority vote in the House of Representatives for articles of impeachment, while removal requires a two-thirds majority in the Senate.
3. Historical precedent shows that impeachments have been initiated for offenses ranging from bribery to abuse of power and obstruction of justice.
4. The standards for what constitutes a 'high crime or misdemeanor' can shift depending on political contexts and prevailing legal interpretations.
5. The process of impeachment is meant to be a political remedy rather than a criminal one, focusing on the conduct of officials rather than criminal liability.

Review Questions

• How do the concepts of high crimes and misdemeanors relate to the accountability of government officials?
  • High crimes and misdemeanors establish a standard for holding government officials accountable for serious misconduct. By defining grounds for impeachment, it allows Congress to step in when an official abuses their power or engages in corrupt behavior. This mechanism ensures that those in high office remain accountable to the public and can be removed if they fail to uphold their duties.
• What role do high crimes and misdemeanors play in the impeachment process, particularly regarding presidential accountability?
  • High crimes and misdemeanors serve as the basis for initiating impeachment proceedings against a president or other federal officials. In this context, if the House determines that a president has committed such offenses, they can draft articles of impeachment. The Senate then conducts a trial to decide whether to convict and remove the president, underscoring the critical function of this term in maintaining checks on presidential power.
• Evaluate how the interpretation of high crimes and misdemeanors has evolved over time and its implications for modern governance.
  • The interpretation of high crimes and misdemeanors has evolved significantly, reflecting changing political climates and societal values. Over time, different Congresses have applied this standard variously based on their political composition and prevailing issues. This evolution affects modern governance by influencing how seriously allegations against officials are taken and how readily Congress is willing to engage in impeachment, ultimately shaping the balance of power between branches of government.

Related terms

Impeachment:

The process by which a legislative body formally charges an official with misconduct, potentially leading to removal from office.

Removal Power: The authority held by Congress and other entities to remove federal officials from their positions through various processes.

Due Process:

A legal requirement that the state must respect all legal rights owed to a person, ensuring fair treatment through the judicial system.