How to Impeach a President

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How to Impeach a President

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You never know when you’ll need to impeach a president. Some folks have been hoping to get an impeachment going for the past two years or so; others may want to bookmark this page in case it comes in handy in the future. Here’s what the Constitution says we should do when faced with “Treason, Bribery, or other high Crimes and Misdemeanors.”

First, the House proposes articles of impeachment

The process must start with the House. Article 1, section 2 of the Constitution states that:

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

The process for doing this isn’t specified, so it’s up to the members of the House how to discuss. The New York Times reports that when Presidents Clinton and Nixon were impeached, the articles were first brought up in the House Judiciary committee.

Then, the Senate holds a trial

Once the House votes to impeach, the rest of the action happens in the Senate. The Constitution’s article 1, section 3 states:

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.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

So the Senate holds a trial, with the Chief Justice presiding. Technically this isn’t a criminal trial, and the results don’t determine whether the President goes to jail. It takes a two-thirds majority vote from the Senate to remove the President.

However, if the President is removed, they can no longer hold office, and they’re now subject to being tried for their crimes the same way as the rest of us.

No President has been removed by impeachment (yet)

It’s hard enough to get the process under way, but even if the House and Senate both cooperate, removal from office isn’t a sure thing. In fact, it’s never happened (for a President). Andrew Johnson was impeached, acquitted, and served out the rest of his term. Same with Bill Clinton. Richard Nixon resigned before the House could vote on the articles of impeachment that the Judiciary Committee had approved.

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April 18, 2019 at 09:05AM