United States Law and Legal Analysis

study guides for every class

that actually explain what's on your next test

Impeachment

from class:

United States Law and Legal Analysis

Definition

Impeachment is a formal process through which a sitting president, vice president, or other federal officials can be charged with misconduct while in office. This constitutional mechanism serves as a check on executive power, allowing Congress to hold officials accountable for violations of law, abuse of power, or betrayal of public trust. The process involves the House of Representatives bringing charges, followed by a trial in the Senate, which can lead to removal from office if the official is convicted.

congrats on reading the definition of Impeachment. now let's actually learn it.

ok, let's learn stuff

5 Must Know Facts For Your Next Test

  1. Impeachment proceedings begin in the House of Representatives, where members debate and vote on whether to bring articles of impeachment against the official.
  2. If the House approves articles of impeachment, the case moves to the Senate for trial, where Senators act as jurors and hear evidence presented by both sides.
  3. A two-thirds majority vote in the Senate is required for conviction and removal from office; otherwise, the official remains in their position.
  4. Historically, three U.S. presidents have been impeached: Andrew Johnson, Bill Clinton, and Donald Trump, though none were removed from office.
  5. Impeachment does not always lead to removal; it is primarily a political process aimed at accountability rather than a criminal proceeding.

Review Questions

  • Explain the impeachment process and its significance as a check on executive power within the U.S. government.
    • The impeachment process starts in the House of Representatives, where members can propose articles of impeachment based on allegations of misconduct. If a majority agrees, the case moves to the Senate for a trial, where Senators serve as jurors. This process is significant because it provides a constitutional method for holding high-ranking officials accountable for their actions, ensuring that no one is above the law and that executive power can be checked by legislative authority.
  • Discuss the implications of the phrase 'high crimes and misdemeanors' within the context of impeachment and how it has been interpreted over time.
    • 'High crimes and misdemeanors' is a broad term used in the Constitution to justify impeachment proceedings. Its interpretation has evolved over time to encompass not only serious criminal offenses but also significant abuses of power and failures to uphold public trust. This flexibility allows Congress to address various forms of misconduct that may threaten democratic governance, reflecting changing societal values and political contexts.
  • Analyze how impeachment reflects the balance of power between different branches of government and its impact on American political culture.
    • Impeachment serves as a critical mechanism that maintains balance among the branches of government by empowering Congress to oversee and hold accountable executive actions. This process underscores the importance of checks and balances, reinforcing the notion that elected officials are answerable to the electorate. As such, impeachment profoundly influences American political culture by highlighting tensions between partisanship and accountability, shaping public discourse around governance and ethical standards in office.
© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.
Glossary
Guides