Impeachment

Impeachment is the process by which a legislative body formally levels charges against a high official of Government. Impeachment does not necessarily mean removal from office; it is only a formal statement of charges, akin to an indictment in criminal law, and is thus only the first step towards removal. Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, which then entails the removal of the individual from office.

Because impeachment and conviction of officials involves an overturning of the normal Constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, it is usually only reserved for those deemed to have committed serious abuses of their office.

Impeachment has its origins in English law but fell out of use in the 18th century. It exists under constitutional law in many nations around the world, including the United States, Russia, the Philippines and the Republic of Ireland.

Impeachment in the United States

In the United States impeachment at the Federal level is reserved for those who may have committed "high crimes and misdemeanors." The president, vice president, and all civil officers of the United States are subject to impeachment; conviction means automatic removal from office.

The federal procedure in the United States involves a vote for impeachment in the House of Representatives on a document known as the Article of Impeachment. Each separate grounds will be a separate Article. House members who support the impeachment then appoint managers who will act like prosecutors in the preparation for the Senate hearing. The hearing for removal is conducted in the Senate and in the case of the impeachment of a President, the Chief Justice of the Supreme Court of the United States presides over the proceedings (otherwise the Vice President, in his capacity as President of the Senate, presides) which are conducted as a trial with witnesses being heard under oath or affirmation. The defendant has the right to legal counsel, the right to cross-examine all witnesses and to testify in his defense. The senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. The Hearing cannot be conducted without a 50% plus one quorum. After the Hearing the deliberations are held in private. Removal requires a two-thirds majority of the Senate.

So grave is this power of impeachment, and so conscious is the Congress of this solemn power, that impeachment proceedings have been initiated in the House only sixty-two times since 1789. Only seventeen federal officers have been impeached: two presidents (Andrew Johnson and Bill Clinton, who were both acquitted), one cabinet officer, one senator and thirteen federal judges. Sixteen cases have reached the Senate. Of these, two were dismissed before trial because the individuals had left office, seven ended in acquittal, and seven in conviction. Each of the seven Senate convictions has involved a federal judge. President Richard Nixon resigned before Watergate scandal impeachment proceedings could begin.

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