Legal Definitions - impeachment

Impeachment is a process used by the United States government to remove a public officer from their position. This process is not only for the President, but also for other civil officers, including Federal judgeships. The process involves a series of steps and procedures undertaken by the legislature, beginning with the House's impeachment inquiry and ending with a full-blown trial conducted by the Senate with the Chief Justice presiding.

1. The House Judiciary Committee deliberates over whether to initiate an impeachment inquiry.
2. The Judiciary Committee adopts a resolution seeking authority from the entire House of Representatives to conduct an inquiry. Before voting, the House debates and considers the resolution. Approval requires a majority vote.
3. The Judiciary Committee conducts an impeachment inquiry, possibly through public hearings. At the conclusion of the inquiry, articles of impeachment are prepared. They must be approved by a majority of the Committee.
4. The House of Representatives considers and debates the articles of impeachment. A majority vote of the entire House is required to pass each article. Once an article is approved, the President is, technically speaking, "impeached" -- that is subject to trial in the Senate.
5. The Senate holds trial on the articles of impeachment approved by the House. The Senate sits as a jury while the Chief Justice of the Supreme Court presides over the trial.
6. At the conclusion of the trial, the Senate votes on whether to remove the President from office. A two-thirds vote by the Members present in the Senate is required for removal.

Impeachment was an established process in English law and government at the time of the drafting of the Constitution. The Founding Fathers incorporated the process, with modifications, into the fabric of United States government. The Constitution, however, only provides the framework-the basic who's, why's, and how's. The remaining procedural intricacies reside in the internal rules of the House and Senate.

Article 2, Section 4 of the Constitution states that "The President, Vice-President, and all civil officers of the United States" can be subject to impeachment. This includes Federal judges, but not House Representatives or Senators.

Article 2, Section 4 of the Constitution states that impeachment can occur "for, and on conviction of, treason, bribery, or other high crimes or misdemeanors." This implies that the impeachment process is not tightly linked to the criminal law. The standard remains undefined, but the language suggests that criminal action may be required.

The House of Representatives has the power to impeach, which translates into the power to indict. The House, through the Judiciary Committee, conducts investigation and gathers evidence. At the proper time, the House assembles the evidence into individual indictments or charges known as Articles of Impeachment. Each article requires a majority vote of the House to pass to the Senate. The trial of the impeached officer is held in the Senate, with the Chief Justice of the Supreme Court presiding over the trial. A two-thirds vote by the Members present in the Senate is required for removal.

In 2019, President Donald Trump was impeached by the House of Representatives on charges of abuse of power and obstruction of Congress. The Senate held a trial, but ultimately did not vote to remove him from office. This example illustrates the process of impeachment and how it can be used to hold public officials accountable for their actions.