1. Who can be impeached in the U.S.?
The president, the vice-president, and any elected official can be impeached. Article 2, Section 4, of the Constitution of the United States establishes it.
2. What is impeachment?
It is a way of removing an elected official from office, it is like firing them.
The president can be fired if he/she is seriously misbehaving.
James Madison, one of the writers of the Constitution of the United States, said it was “indispensable” to include the figure of impeachment in the Constitution. Since it is a way to protect the citizens against “the incapacity, negligence, or perfidy of the chief Magistrate.”
But since the official, in this case the president, was chosen in democratic elections, he/she can only be “fired” if both chambers of Congress (the House of Representatives and the Senate) agree to it.
The impeachment process can be likened to charging an official with an offense. In the United States a normal person gets investigated by the police, and if they are charged with a crime, then his or her case goes to trial. But someone that holds high office is investigated by the House of Representatives. If the House finds that the official has committed an offense it charges the official, aka impeaches the official. Then the official goes to trial, not in a normal courthouse, but in the Senate. And if the official is found guilty, he or she is removed from office.
3. What offenses can lead to an impeachment?
The Constitution of the United States names 3 offenses that can lead to an impeachment: treason, bribery, and other high crimes and misdemeanors.
Treason and bribery are more straightforward, but ‘high crimes and misdemeanors’ is purposefully vague and vast. It is a technical legal term. The Founding Fathers could not foresee every act of misconduct and name it, so they used this umbrella term.
Judges have been impeached and removed from office for corruption, constant drunkenness, tax evasion, profiting from their position… and all those offenses fell under “high crimes and misdemeanors.” Other offenses engulfed by the term are, for example: dishonesty, intimidation, misuse of public funds, negligence, perjury, dereliction of duty, unbecoming conduct.
Many of those are not crimes. Yet the Founding Fathers believed that someone in high office should behave impeccably, much better than the common citizen, because they are in a position of great power.
But the description of “high crimes and misdemeanors” is so vague that when the Judiciary Committee was looking into whether to impeach President Richard Nixon in the 1970’s, they first spent weeks studying and clarifying which, exactly, are impeachable offenses. They ended up writing a 64-page report on the subject.
4. How does the impeachment process work in the U.S.?
1. The House of Representatives launches an investigation on the elected official, in this case the president. It can begin as an unofficial investigation. Usually it is the House’s Judiciary Committee the one in charge of the investigation. The investigative team interviews witnesses and gathers information.
2. If the investigating team finds that a serious offense has indeed taken place, the House Judiciary Committee votes on whether or not to present charges against the president.
3. Now the Committee must choose which charges (aka articles of impeachment) they believe the president to be guilty of.
4. The articles of impeachment are presented to the whole House of Representatives. They are to vote on each article. If the majority votes that the president should go to trial, then he/she is formally charged, aka impeached.
5. Members of the House present the charges to the Senate. The House’s role is over. Now it is the Senate’s turn to act.
6. When the Senate receives the impeachment, they must begin a trial. The trial takes place within the Senate. The Chief Justice of the United States presides over the trial. Some senators will act as prosecutors, others will be in the defense team. The rest of the senators attend the trial.
Like in any trial, both sides, prosecution and defense, will investigate, gather evidence, and call witnesses. The process can take several months.
7. Once the trial is over, it is time for the senators to vote. If 2/3 of the Senate votes “guilty,” the president will be removed from office.
There is no fixed way to go about the impeachment, though. Each chamber, House and Senate, can decide how to go about their duty. The Constitution states that each house “may determine the Rules of its Proceedings.” That is why sometimes the Judiciary Committee starts an informal impeachment inquiry, others a formal inquiry, and others yet, they are not even the ones that carry out the initial inquiries. In President Bill Clinton’s impeachment, for example, the Attorney General’s office was in charge of the initial investigation. They handed over their report to the Judiciary Committee who simply chose the charges and voted on whether to recommend impeachment to the House.
5. Can the U.S. president be sent to prison?
The impeachment process can only remove the president from office and refrain him/her from holding office again. After the Senate votes to remove the official from office, they can vote again, this time to keep him/her from serving again.
That is it for the impeachment process and the Senate’s role. Impeachment is a political process, not a criminal one.
But once the official is removed and returns to civil life, he/she can be charged through the usual channels. And if found guilty of say, corruption or misuse of public funds, can go to another trail, this time in a courthouse, and be sent to prison if found guilty.
6. How many people have been impeached in the United States?
Of them, only 8, all judges, were found guilty and were removed from office by the Senate.
Of the 8 removed, 3 were prohibited from holding office again.
(You may also like: Oh no they didn’t! These are the U.S. presidents that were impeached and why)
7. Who was the first person to be impeached in the United States?
The first person impeached in the United States was Senator William Blount of North Carolina. He was one of the signers of the Constitution.
Senator Blount was a landowner, and to protect his financial interests he conspired with Great Britain to wage a war against Spain, which at the time owned the states of Florida and Louisiana.
The conspiracy did not sit well with Congress when they found out. And Blount was impeached in 1799. But then the Senate dismissed the impeachment on the grounds that the process does not apply to senators, for they are not elected officials. The Senate can simply vote to expel one of their own without involving the House of Representatives. And they had already expelled Blount, who had fled to Tennessee.
8. Do other countries have impeachment?
Yes, many other countries have impeachment. The Founding Fathers of the United States borrowed the concept from English Law.
But England did not invent impeachment. Ancient Greece and Rome already had it. In Rome there were specially appointed officials, the censors, whose job was to control that senators acted properly. If they did not, the censors could remove them from office. Our word “censorship,” comes from them.
Some of the countries that have impeachment nowadays are: Peru, Brazil, Venezuela, Paraguay, South Korea, Hong Kong, Singapore, Indonesia, Pakistan, Iran, Turkey, Russia, Lithuania, Czech Republic, Romania, Norway France, Germany, Austria, Italy, and South Africa.
9. What presidents have been impeached and removed from office in other countries?
In the 21st century at least 8 presidents from around the world left their office after being impeached:
– Joseph Estrada, from the Philippines, was impeached in November 2000. He resigned.
– Alberto Fujimori, from Peru, was also impeached in November 2000. He was removed from office.
– Abdurrahman Wahid, from Indonesia, was impeached in July 2001. He was removed from office.
– Rolandas Paksas, from Lithuania, was impeached in April 2004. He was removed from office.
– Fernando Lugo, from Paraguay, was impeached in June 2012. He was removed from office.
(Lugo’s first language is Guarani, you may also like: These are the 8 most spoken languages in the Americas -and you won’t guess half of them.)
– Viktor Yanukovych, from Ukraine, was impeached in February 2014. He left the country.
– Dilma Rousseff, from Brazil, was impeached in August 2016. She was removed from office.
– Park Geun-hye, from South Korea, was impeached in March 2017. She was removed from office.