Federal impeachment in the United States information
Procedure of officially accusing a civil officer
See also: Impeachment in the United States, Federal impeachment trial in the United States, and List of efforts to impeach presidents of the United States
Members of the House of Representatives vote on the articles of impeachment for the first impeachment of Donald Trump
In the United States, federal impeachment is the process by which the House of Representatives charges the president, vice president, or another civil federal officer for alleged misconduct. The House can impeach an individual with a simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution.
Most impeachments have involved alleged crimes committed while in office, but there is no requirement for the misconduct to be an indictable crime. Some officials have been impeached and convicted for crimes committed before taking office, and there have been instances where a former official was tried after leaving office.[1] The official who is impeached may continue to serve their term until a trial leads to a judgement that directs their removal from office or until they leave office through other means, such as resignation. A two-thirds majority of the senators present at the trial is required for conviction according to Article One, Section 3, Clause 6 of the Constitution.
The nature of the impeachment proceedings is remedial rather than punitive, with the only remedy being removal from office. Since all officers in the federal government are confirmed in the Senate, officers appointed under the Appointments Clause of the Constitution may also be disqualified from holding any other appointed office under the United States in the future. As the process is not punitive, an individual may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Additionally, the president is constitutionally barred from pardoning an impeached and convicted person to protect them from the consequences of a conviction in an impeachment trial, as the conviction itself is not a punishment.
^Cole, J. P.; Garvey, T. (October 29, 2015). "Report No. R44260, Impeachment and Removal" (PDF). Congressional Research Service. pp. 15–16. Archived (PDF) from the original on December 19, 2019. Retrieved September 22, 2016. This article incorporates text from this source, which is in the public domain. An earlier version from 2005 is at https://www.senate.gov/reference/resources/pdf/98-806.pdf Archived July 24, 2019, at the Wayback Machine.
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This article incorporates text from this source, which is in the public domain. An earlier version from 2005 is at https://www.senate.gov/reference/resources/pdf/98-806.pdf Archived July 24, 2019, at the Wayback Machine.
