Impeachment
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Main Content
Impeachment
Annotation
The House of Representatives has the authority to issue an impeachment. An impeachment is an indictment (or accusation of wrong doing) of a public official in the federal government. The Senate is responsible for trying impeachments and issuing punishments including removal from office. Elected officers may be impeached and convicted if found guilty of treason, bribery, or other “high crimes and misdemeanors.” Presidents Andrew Johnson and Bill Clinton were impeached, but the Senate convicted neither. Several judges have been convicted and removed from office on impeachment charges. The 25th Amendment clarifies the process for the transfer of power in the event that the president dies in office or is removed from office.
Citations
(Click on citations for more information)
Article 1, Section 2, Clause 5
Article 1, Section 3, Clause 6
Article 2, Section 1, Clause 6
Article 3, Section 2, Cluase 3
Citations
Article 1, Section 2, Clause 5
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
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Article 1, Section 3, Clause 6
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
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Article 1, Section 1, Clause 6
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
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Aritcle 1, Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
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Article 3, Section 2, Cluase 3
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
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Amendment 25, Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
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Amendment 25, Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
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Amendment 25, Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
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Amendment 25, Section 4, Clause 1
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
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Amendment 25, Section 4, Cluase 2
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.