Impeachment

:This article is about the political concept of impeachment; for the concept of casting doubt on the testimony of a witness at trial, see Witness impeachment.

United States

Main article Impeachment in the United States

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In the United States impeachment can occur both at the federal and state level. At the federal level, both the Executive branch and the Judiciary may be impeached, though different standards apply. For the Executive branch, only those who have allegedly committed "treason, bribery, or other high crimes and misdemeanors" may be impeached. Although treason and bribery are obvious, the Constitution is silent on what constitutes a "high crime." Several commentators have suggested that Congress alone may decide for itself what constitutes an impeachable offense.

Related Topics:
Executive branch - Judiciary - Treason - Bribery - Congress

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The standard for impeachment among the judiciary is much broader. Article III of the Constitution states that judges remain in office "during good behavior," implying that Congress may remove a judge for bad behavior.

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Members of Congress themselves, however, are not subject to impeachment. However, the respective Houses of Congress have the authority to discipline their own members. This includes the authority to expel members.

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Procedurally, it is a two-step process. The House of Representatives must first pass "articles of impeachment" by a simple majority. The articles of impeachment constitute the formal allegations. Upon passage, the defendant has been formally "impeached."

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Next, the Senate tries the accused. In the case of the impeachment of a President, the Chief Justice of the United States presides over the proceedings. Otherwise, the Vice President, in his capacity of President of the Senate, or otherwise the President pro tempore of the Senate (Temporary President) presides. It should be noted that this would include the impeachment of the Vice President him- or herself. In order to convict the accused, a two-thirds majority of the Senators present is required.

Related Topics:
Senate - Chief Justice of the United States - Vice President - President ''pro tempore'' of the Senate - Two-thirds majority

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Following conviction, the Senate may vote thereafter to punish the individual only by removing him from office, or by barring him from holding future office, or both. Alternatively, it may impose no punishment. However in the case of executive officers, removal follows automatically upon conviction. The defendant remains liable to criminal prosecution. It is possible to impeach someone even after the accused has vacated his office thus disqualifying the person from such emoluments of office as a pension.

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Congress regards impeachment as a power to use only in extreme cases; the House has initiated impeachment proceedings only 62 times since 1789. Impeachments of only sixteen federal officers have taken place:

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• Clinton was impeached on December 19, 1998 by the House of Representatives on grounds of perjury to a grand jury (by a 228-206 vote) and obstruction of justice (by a 221-212 vote), becoming only the second U.S. President to be impeached (the previous one being Andrew Johnson in 1868). Two other articles of impeachment failed — a second count of perjury in the Jones case (by a 205-229 vote), and one accusing Clinton of abuse of power (by a 148-285 vote).
• one cabinet officer
• one Senator
• one Supreme Court Justice and eleven other federal judges.