Impeachment Process

Impeachment Process in the United States

Impeachment Process

Introduction to Impeachment Process

Since the Constitution does not describe the exact process for impeachment, these procedures have evolved from experience. Today, the impeachment process begins if a majority of members of the House of Representatives vote to authorize the House Judiciary Committee to conduct an inquiry. After the committee conducts hearings and examines evidence of alleged wrongdoing, the committee can vote to approve articles (written charges) of impeachment. If a majority of the House of Representatives votes to approve at least one article of impeachment, the case is referred to the Senate.

The presiding officer for the Senate trial-either the vice president or the chief justice-administers an oath to the senators requiring them to act impartially as required of jurors and judges in all court proceedings. The Senate convenes to hear the appointed representatives from the House make the case for impeachment. In the two presidential impeachment cases that have gone to a trial-those involving presidents Andrew Johnson and Bill Clinton-the House of Representatives appointed representatives from the Judiciary Committee to present the case for impeachment to the Senate. In turn, the accused official and his or her representatives are allowed time to refute the charges in oral arguments to the assembled senators. The Senate can call witnesses who may support or refute the charges. The proceedings can be terminated at any time without a determination of guilt or innocence if a majority of senators vote to end the trial. After all of the evidence is heard and individual senators have made arguments for or against removing the official, a vote is held on each of the articles of impeachment. If two-thirds of the Senate votes to convict the official on any article of impeachment, he or she is removed from office.

The Constitution provides only general guidelines for impeachment proceedings. Congress is free to adjust the format and length of the hearings and trial. The Senate may also vote to appoint a committee to hear evidence during the impeachment trial of any federal official. After receiving all testimony, the committee prepares a report that includes transcripts taken during the proceedings. After reviewing the evidence gathered by the committee, the full Senate votes on the article or articles of impeachment. Today, the Senate usually refers impeachment proceedings involving federal judges to committees.

The standards for impeaching and convicting federal judges have traditionally been lower than in impeachment cases involving presidents. Unlike elected officials, judges are appointed for life and the only way to remove them is through an impeachment proceeding. The electorate has no democratic way of removing a judge who is incompetent or unfit to serve.” (1)

Resources

Notes and References

Guide to Impeachment Process


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