Impeachment and removal

Impeachment and removal

CLEP American Government, Chapter 5

Impeachment and removal

Impeachment is a constitutional process for addressing grave misuse of federal office. The House of Representatives has the sole power of impeachment and approves articles by majority vote. That vote is an accusation, not a conviction and not removal. The Senate has the sole power to try impeachments. Conviction requires two-thirds of senators present, and conviction produces removal from office. The Senate may also disqualify the person from holding future federal office. When the president is tried, the chief justice presides over the Senate proceeding.

The constitutional grounds are treason, bribery, or other high crimes and misdemeanors. The final phrase is not limited to offenses carrying a particular criminal label; it has historically included serious abuses of public trust. At the same time, impeachment is not a parliamentary vote of no confidence. Disagreement with an officer's policy or performance does not automatically establish an impeachable offense. The elected chambers must apply a constitutional standard through a political process, which means legal judgment and political judgment can be difficult to separate.

Impeachment is distinct from criminal prosecution. Senate conviction can remove and disqualify, but it does not impose imprisonment or an ordinary criminal fine. A former or removed officer may still face criminal proceedings in court, with the protections and burdens of the criminal process. A presidential pardon also cannot stop or reverse impeachment because the pardon power does not extend to cases of impeachment. These distinctions prevent one procedure from being mistaken for a substitute for the other.

Not every departure from office occurs through impeachment. An officer may resign, complete a term, or be lawfully removed under rules applicable to that office. Federal judges hold office during good behavior and cannot be removed simply because the president or Congress dislikes a decision; impeachment and Senate conviction provide the constitutional removal route for serious misconduct. Trace the sequence every time: House accusation, Senate trial, possible two-thirds conviction, removal, and any separate question of disqualification or criminal liability.

Video lesson: Separation of Powers and Checks and Balances: Crash Course Government and Politics #3

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