what does it take to fulli impeach a president

Impeachment is serious business organisation—it can lead to a U.Due south. President'southward removal from office. Every bit of December 2020, only three U.S. Presidents have e'er been impeached, and none have ever been removed from office through the impeachment procedure.

But "impeachment" tin exist a pretty confusing situation for those of us who aren't lawyers or politicians. What is impeachment, anyhow? What happens if a President is impeached? And how does impeachment piece of work?

But don't worry—nosotros're hither to demystify this confusing process. We're going to answer all your FAQs about impeachment in this article, including:

• What Is Impeachment, and What Does Impeachment Hateful?
• Who Tin Be Impeached?
• How Does Impeachment Work?
• What Does Impeachment Mean for a President?

There's a lot to cover, and so permit's get started.

Feature paradigm: Nick Youngson/PicPedia

What Is Impeachment?

Impeachment is the process by which Congress tin remove the President or other civil officers from office. This is laid out in Article 2, Department 4 of the U.Southward. Constitution, which states:

The President, Vice President and all civil Officers of the United States, shall exist removed from Office on Impeachment for, and Confidence of, Treason, Blackmail, or other high Crimes and Misdemeanors.

Essentially, impeachment is fabricated upward of two parts. The get-go part of impeachment begins in the House of Representatives, where charges are brought against the President through Articles of Impeachment.

Then the Senate holds a trial, where Senators ultimately decide whether to carry the person existence impeached or discover them guilty. If the impeached person is acquitted, they essentially keep their chore. If they're found guilty, that person is "fired" and removed from office.

And that's the full general process! Of course, impeachment isn't quite this uncomplicated. Nosotros'll go into lots more detail about the impeachment procedure a picayune after in the commodity.

Who Can Exist Impeached?

Let's have a closer await at Article 2, Section four to see who can be impeached:

The President, Vice President and all ceremonious Officers of the United States, shall exist removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article 2 makes it articulate that both the President and Vice President of the The states tin exist impeached. It also says that "civil officers" are subject to impeachment. Only what is a civil officer?

While the Constitution does not explicitly proper noun every civil officeholder that tin can be impeached, it does define the term "civil officer." Article 2, Section 3 of the Constitution outlines the powers that the President of the United States has. This article states that:

[The President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall guess necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement betwixt them, with Respect to the Time of Banishment, he may adjourn them to such Time equally he shall think proper; he shall receive Ambassadors and other public Ministers; he shall accept Care that the Laws be faithfully executed, and shall Committee all the Officers of the United states.

Nosotros bolded the office of Article 2 that helps us understand who a civil officer is. The Constitution makes information technology articulate that civil officers are appointed by the President. That means that any person who's been appointed to a high level position by the President can exist impeached. That includes Supreme Court Justices, federal judges, and cabinet members.

Only can a Fellow member of Congress be impeached? Or can a Senator exist impeached? Because these are elected positions, Congresspeople and Senators can't be removed from office past the impeachment process laid out in the Constitution. They tin, however, be removed by expulsion. This is laid out under Article i, Section five of the Constitution. If two-thirds of the House (for a Fellow member) or two-thirds of the Senate (for a Senator) vote in favor of removal of a person from their position, they will be expelled. They can as well exist recalled by the land they correspond and removed from office. You can read more about how Senators or Congress Members tin be removed from office here.

In this article, we're focusing primarily on U.S. Presidential impeachment. But just know that other types of federal officials tin can exist impeached—and if they are, their impeachment follows the verbal same processes we've outlined below.

Impeachment of State Officials

In this article, nosotros're talking almost impeachment of federal officials through the procedure outlined past the U.Southward. Constitution. Only state officials, like governors, state supreme court justices, and state judges can exist impeached, too.

Impeachable country officials are impeached following the guidelines in their land'south constitution, non the U.Due south. Constitution. So if y'all wanted to impeach the governor of Kansas, for example, you would need to follow the impeachment procedure that's outlined in the Kansas Country Constitution.

For more information about how a specific state tin can impeach its officials and remove them from function, you'll need to research that country's constitutional impeachment process.

In that location are only three things a President can be impeached for: treason, blackmail, and high crimes and misdemeanors. Learn more most each of these charges below.
(Nick Youngson/Alpha Stock Images)

What Does it Hateful to Be Impeached?

And so what does impeachment mean, exactly?

When a President is impeached, information technology means that the Firm of Representatives are accusing the President of "treason, blackmail, or loftier crimes and misdemeanors" every bit outlined in Article 2, Section 4 of the Constitution.

In other words, impeachment works like an indictment in a criminal case. It's basically how the House of Representatives, past majority vote, can charge the President with either a crime or gross misconduct.

There are three general categories of charges that Congress can bring confronting the President as outlined in Article 3. Allow'southward take a closer expect at each of those categories below.

Treason

Treason is the only crime that's divers in the U.Due south. Constitution. In Article iii, Department 3, it states:

Treason confronting the United States, shall consist just in levying War against them, or in adhering to their Enemies, giving them Aid and Condolement.

Essentially, treason happens when a U.Due south. citizen intentionally wages war against the U.S. Government or its interests. It is as well treason if a citizen willingly aids an enemy of the United States. And then for example, if the President were to form a military grouping with the intent of taking over the Usa government, they would exist guilty of treason. The President could also be charged with treason if they sold state secrets to an enemy of the U.s.a..

Bribery

Blackmail is defined as the act of giving, asking for, or receiving anything of value in order to influence the deportment of a public official. One example of bribery is if the President were to personally receive money from a foreign government to influence how much aid the United States gives that land. Similarly, if the President were to offer a person a seat in the Cabinet in commutation for favors, they could be impeached for blackmail.

High Crimes and Misdemeanors

Loftier crimes and misdemeanors is the trickiest term to define. That's because high crimes and misdemeanors tin can encompass a variety of behaviors—not all of which are criminal. Generally speaking, most Constitutional scholars say that "high crimes and misdemeanors" is a category designed to a) encompass other criminal acts not outlined by Article 3, and b) address instances where the President seriously misuses or abuses the ability of the office. Historically, this phrasing has been used to impeach Presidents for astringent misconduct, exceeding the powers of the Executive Branch, and using the office of the presidency for personal gain.

As a issue, "high crimes and misdemeanors" is a scrap of a grab-all category when information technology comes to impeachment, and it allows Congress to utilise its discretion when it comes to impeaching a President.

Donald Trump is the first U.Due south. President to take been impeached twice. Permit's take a closer look at what impeachment can—and can't—do.

What Happens if a President is Impeached?

Similar we mentioned earlier, if a president is impeached, it means that the House of Representatives has voted to indict the President on either criminal charges or high crimes and misdemeanors. (Remember, loftier crimes and misdemeanors aren't e'er crimes, despite what the name implies. Information technology likewise covers abuses of power and serious acts of misconduct that might non technically be illegal.)

One a President is formally impeached, their case goes to the Senate. If the House is the part of Congress that brings charges, then the Senate is where the President stands trial. Senators serve equally the jury—their job is to hear the instance presented to the Senate, and then decide whether the President is guilty or not guilty.

If the President is not guilty, and so they are acquitted of all charges and keep to be the President of the United States.

If a President is found guilty, then they are immediately removed from office. In that case, the Vice President of the Us becomes President until the next Presidential election.

Additionally, if a President is removed from role, they can potentially lose all the perks that come up with being a former President of the U.s. . That includes their lifetime secret service detail, their pension, and annual upkeep for security and travel.

All the same, a removed President isn't automatically prevented from holding public office again in the future. That only happens if the Senate holds a separate vote on the matter and votes in favor of barring the former President from doing so.

Impeachment: After President Leaves Part

Allow's say a President has left office, simply that months later Congress observe that the person committed impeachable offenses. Can that President be impeached fifty-fifty though they are no longer president?

The short answer is probably not.

Because Presidents no longer have Presidential power once they are out of part, some Ramble scholars believe they become exempt from impeachment. Impeachment is a style for the Legislative Branch to cheque the Executive Branch. Ex-Presidents are no longer members of the executive co-operative

Only this is likewise a situation that hasn't occurred before, so Constitutional scholars bespeak out that for this question to actuallybe answered, it would accept to be ruled on by the courts.

But what most President Trump? Wasn't he impeached after he left office?

No.In 2021, President Trump was impeached following the January sixth, 2021 assault on the U.S. Capitol. Trump was formally impeached on January 13th, 1 week earlier the stop of his term. His Senate trial volition occur subsequently he leaves part, however.

Both the House of Representatives and the Senate are involved in impeachment. Go along reading to acquire the ins and outs of the impeachment process!

How Does Impeachment Work?

Now that yous can answer the question, "What is Presidential impeachment," let's dig a petty deeper into how this two-step process works.

We're going to be talking about how impeachment works for a U.Southward. President below, merely remember: the impeachment procedure is the same for all impeachable federal officials, including the Vice President, federal judges, and Supreme Courtroom Justices. Whoever is beingness impeached volition get through the same process we outline below! (But swap out the term "President" for "Vice President" or "Judge," and you'll get the drift.)

The Role of the House of Representatives in Impeachment

Impeachment e'er begins in the House of Representatives. That's because Article one, Section two gives the House the sole power to impeach:

The Business firm of Representatives shall cull their Speaker and other Officers; and shall accept the sole Power of Impeachment.

Usually, the impeachment procedure begins with a resolution to start an investigation into impeachment. If the Business firm passes that resolution by majority vote, the House Judiciary Committee starts looking into whether the President has committed impeachable offenses. There is no prepare length of time for this investigation procedure: it tin can take anywhere from days to months. (And in the case of Donald Trump'due south 2d impeachment, the investigation was skipped entirely.)

If the committee finds that there is grounds for impeachment, and so the Firm begins drafting Articles of Impeachment. The Articles of Impeachment outline the impeachable offenses that the President is defendant of having committed. (Think: the Business firm's chore is basically to bring charges confronting the President) One time drafted, the Manufactures of Impeachment are brought before the Firm for a vote.

If the Articles of Impeachment are passed by a simple majority, then the President is officially impeached. And so in the case of Donald Trump'south impeachment, 217 of the House'southward 435 members would accept to vote in favor of the Articles in order for impeachment to go through. (In fact, 229 members voted in favor of Trump's outset impeachment, and 232 members voted in favor of the second.)

At this bespeak, the Articles are sent to the Senate to gear up for the President'south trial. Additionally, the Speaker of the Firm appoints a set of House Managers for the trial too. Business firm Managers are a modest group of House members that human activity similar prosecuting attorneys for the President'due south impeachment trial. Their job is to present the Business firm'south case against the President to the Senate.

The Office of the Senate in Impeachment

Simply as the U.Due south. Constitution outlines the role of the House of Representatives when it comes to impeachment, it too outlines the role of the Senate. Article i, Section iii of the Constitution states:

The Senate shall accept the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the U.s. is tried, the Primary Justice shall preside: And no Person shall exist convicted without the Concurrence of ii thirds of the Members present.

Then if the House's job is to bring impeachment charges against the President, and so the Senate'due south task is to serve as the jury and decide whether the President is guilty of the charges brought against them.

In order to do this effectively, the Senate holds a trial where the case against the Present is heard.

Like a normal court trial, a Presidential impeachment trial consists of a prosecution, defense force, judge, and jury.

We already know that House Managers are the prosecutors, and Senators are the jury members. So who serves as the judge and the defense?

The guess that presides over a Senate impeachment trial is the Main Justice of the Supreme Court. Their job is to make sure that the rules of the trial—as outlined by the Senate—are beingness followed. Merely that's most where the comparisons between a normal court trial and a Senate impeachment trial end.

What the Chief Justice won't exercise is counterbalance in on the proceedings, mind to complaints by the defence force or prosecution, or hand down a conviction. According to the Supreme Court of the United States weblog, the Principal Justice'due south part in an impeachment trial is to do "zilch in particular and [practise] it very well."

That leaves the defense. The defence in an impeachment trial consists of the official White House counsel, other lawyers selected by the President, and a few House members from the President's political party. The defense's job is to defend the President from the charges brought against them.

The length of a Presidential impeachment trial varies from impeachment to impeachment. Before the trial begins, the Senate volition set up the rules for the trial. This includes how many witnesses are heard, which documents will be submitted for consideration, and how long the proceedings will final. Additionally, Senators can but submit written questions—they aren't allowed to actively participate in the trial itself.

Once the prosecution and defense have exhausted the time allotted by the rules the Senate has set, it'due south fourth dimension for the Senate to vote on whether the President is guilty of the charges brought against them. In order for a President to be removed from office, two-thirds of Senators present accept to notice them guilty of the charges brought against them. So if all 100 Senators are present for the vote, 67 of them have to vote guilty. Otherwise, the President is acquitted of the charges.

When it comes to a Senate impeachment trial, there is no appeals procedure. Any the Senate decides is the concluding give-and-take.

But what about the President? If they are removed from office, can the onetime President concord political office once more? In gild to be banned from running for or property political office, the Senate must hold an additional, divide vote on the subject. It's non an automatic punishment for beingness impeached and removed!

Likewise keep in mind that existence removed from office does not mean the President is going to jail.The role of impeachment is political, which means that its chore is to make up one's mind whether someone should keep their office or not.

In order for a President to go to jail, they take to be charged with a crime and found guilty in criminal court.That is a separate process from impeachment!

Bill Clinton, the 42nd President of the U.s., was impeached for high crimes and misdemeanors in 1998.

How Many Presidents Have Been Impeached?

As of January 2021, only 3 sitting U.S. Presidents accept ever been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021.

Each of these Presidents was impeached for different reasons, which we'll get over below.

What Does Impeachment Mean for a President: Andrew Jackson

In 1868, Andrew Johnson was impeached on charges of loftier crimes and misdemeanors, making him the first U.S. President to be impeached.

The House defendant Johnson of violating the Tenure of Office Act, which stated that the President would need Senate approval in order to remove certain appointed officials. When Johnson removed Edwin 1000. Stanton, the Secretary of State of war, from office, the House filed Articles of Impeachment.

At the conclusion of the Senate trial, Johnson was acquitted of all the charges brought against him.

What Does Impeachment Mean for a President: Bill Clinton

It would be over a century before another U.S. President was impeached. Just in 1998, the Business firm of Representatives filed Articles of Impeachment against Bill Clinton.

Clinton was likewise accused of high crimes and misdemeanors. Specifically, the House charged him with lying under oath when he denied having a sexual human relationship with ane of his interns. He was also charged with obstructing justice.

Similar Andrew Johnson, Clinton was acquitted of all charges.

What Does Impeachment Mean for a President: Donald Trump

Donald Trump is the only American President in history to accept been impeached twice.

Trump's offset impeachment was in 2019. The House filed Articles of Impeachment confronting Trump, accusing him of pressuring the President of Ukraine to investigate Joe Biden, who would be challenging Trump in the 2020 Presidential election. Equally a result, Trump was charged with abuse of ability and obstruction of Congress, which fall under "high crimes and misdemeanors."

Trump would finish up acquitted of the charges by the Senate.

Trump'southward second impeachment was filed in 2021 when the House filed Articles of Impeachment accusing Trump of inciting an insurrection. This was a response to the Jan half dozen, 2021 assail on the U.Southward. Capitol past pro-Trump insurrectionists after a rally in which Trump called them to action.

As of the writing of this article, Trump'south second impeachment hearings have not yet begun.

Was President Nixon Impeached?

While the Watergate scandal is ane of the well-nigh well-known Presidential scandals of the modern era, it did not end with Nixon'southward impeachment.

In 1974, it was revealed that Nixon had directed people loyal to him to break into the headquarters of his political opponents in search of data. Additionally, Nixon had directed law enforcement to cover up the crime.

The House was in the process of drawing upwards Articles of Impeachment, only Nixon resigned as President before the charges could be brought to the Senate.

What Does Impeachment Hateful? Summary and Takeaways

Every bit a quick recap, hither's what you need to know about what happens when a president is impeached:

• Impeachment is the process through which a U.S. President, Vice President, or other federal civil officers can be removed from office
• The impeachment process is outlined in the U.Due south. Constitution.
• Impeachable officials can be impeached for three things: bribery, treason, or high crimes and misdemeanors
• A President is impeached when a elementary bulk (51 percent or more) of the House of Representatives votes in favor of Articles of Impeachment
• Once a President is impeached, the President goes to trial in the Senate. Senators serve as the jury and hear the case confronting the President.
• Two-thirds of Senators must find the President guilty in order to remove them from office. If the President is plant guilty, they are removed from office immediately. Without a ii-thirds bulk, the President is acquitted and returns to their duties.

And while iii U.S. Presidents take been impeached, as of the writing of this article, no President has been plant guilty of impeachable offenses and removed from part!

What's Next?

• If yous want to learn more about how the U.South. political system works, be sure to check out this guide to checks and balances and this explainer on how the Executive Branch tin can limits the powers of the Judicial Co-operative.
• Impeachment is role of the American democratic process. To larn more about what a democracy is—and how information technology's different from a republic—check out this article.
• If you plant this article because yous're studying for your AP exams, so you're in luck! We have lots more than resources to help you do well on your AP Government test. Don't miss this comprehensive review guide, this compilation of the best AP Gov study notes, and this walkthrough of the FRQs.

Have friends who also need assistance with examination prep? Share this article!

About the Writer

Ashley Sufflé Robinson has a Ph.D. in 19th Century English Literature. Equally a content writer for PrepScholar, Ashley is passionate about giving college-bound students the in-depth information they need to get into the school of their dreams.

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