Topic > Presidential Impeachment

The purpose of this article is to explore the topic of presidential impeachment. What is it? When is it used? Has it been used? Should it be used to remove President Trump from office? Article I, Section 2 of the Constitution states: “The House of Representatives shall choose its Speaker and other officers; and shall have the exclusive power of impeachment.” Article 2, Section 4 states: “The President, the Vice President, and all civil officers of the United States, shall be removed from office upon impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.” The mechanism, according to Heritage.org is: “The Constitution does not specify how to initiate impeachment proceedings. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Early in our story, a member would get up on the floor of Congress and propose an impeachment, which would then be assigned to a committee. In recent years, members of the House Judiciary Committee have initiated the process and then made recommendations for consideration by the full House. If the House votes on an impeachment resolution, the chairman of the Judiciary Committee proposes a list of leaders, which the House subsequently approves with a resolution, and who then become prosecutors in the Senate trial. So the House presents the charges and the trial takes place in the Senate. Two-thirds of the Senate must vote to convict before an official can be removed. The President cannot pardon a person who has been impeached (Article II, Section 2, Clause 1). If an officer is impeached by the House and convicted by the requisite vote of the Senate, then Article I, Section 3, Clause 7, provides that the convicted person shall be further disqualified from holding any Honorable Office, Trust, or Profit under the United States. There have been no successful impeachments over the years. The trials of Presidents Andrew Johnson and William Clinton ended in acquittal by the Senate. There were discussions and an act of impeachment against President Richard Nixon. However, Nixon resigned before the full House could vote on the impeachment charges against him (heritage.org). Stephen Presser, a law professor at Northwestern University, wrote this about what is actually an impeachable offense: "There has been considerable controversy over what constitutes an impeachable offense. At the Constitutional Convention, delegates initially voted for 'bad practice and neglect of duty" as grounds for impeachment, but the Committee of Detail narrowed the base to treason, bribery and corruption, then deleted the last point. George Mason, who wanted much broader bases similar to the previous wording , suggested “maladministration,” but James Madison pointed out that this would destroy the president's independence and make him dependent on the Senate. Mason then suggested “high crimes and misdemeanors,” which the Convention accepted.” of high crimes and misdemeanors covers allegations of misconduct peculiar to officials, such as perjury of oath, abuse of authority, bribery, intimidation, misuse of property, failure to supervise, dereliction of duty, unbecoming conduct, and refusal to obey a lawful act . order. "Since "high crimes and misdemeanors" was a term of art used in English impeachments, a plausible reading supported by many scholars is that the grounds for impeachment may be not only the defined crimes of treason and bribery, but also other criminal crimes or even non-criminal behavior that constitutes a serious breach of one's duties. This interpretation is contested, but it is.