EBR - The Impeachment Process Lesson
The Impeachment Process Lesson
Impeachment is the formal process of accusing a government official of unlawful activity or wrongdoing. Article I of the U.S. Constitution gives the House of Representatives the power to impeach and the Senate the power to try impeachments of government officials.
Impeachment can occur at the federal and state level. However, the U.S. Constitution only defines impeachment at the federal level and limits impeachment to the president, vice president, and all civil officers of the United States. As stated in the Constitution, these officials may be removed from office for high crimes and misdemeanors, bribery, and treason.
At the federal level, there are two steps in the impeachment process. The House of Representatives must first pass, by a simple majority, articles of impeachment, which constitutes formal allegations or charges. Once approved, the government official is considered impeached. Next, the Senate tries the accused. If a president is being accused, then the Chief Justice of the United States Supreme Court presides over the proceedings. The Senate must vote, and a two-thirds majority is required for approval. If convicted, the accused will be removed from office.
Congress believes that the impeachment process should only be used in extreme cases. The Houses of Representatives has initiated impeachment only sixty-four times since 1789, and only nineteen of the sixty-four actually resulted in the passing of impeachment.
Impeachment Proceedings of Andrew Johnson and Bill Clinton
The impeachment of Andrew Johnson was one of the most dramatic events in political history during Reconstruction. Andrew Johnson was impeached on February 24, 1868 on 11 articles of impeachment outlining "high crimes and misdemeanors", according to Article II of the U.S. Constitution. The House of Representatives' charges against Andrew Johnson included the violation of the Tenure of Office Act. The Tenure of Office Act was a federal law that restricted the power of the United States President. The act stated that certain office holders can only be removed with the approval of the Senate. The primary battle in this case was between Andrew Johnson, a Southern Democrat, and the Radical Republican movement that dominated Congress during this time. The Senate was one vote short of the two-thirds necessary to remove Johnson from office. The Tenure of Office Act was later found to be unconstitutional by the United States Supreme Court.
Impeachment of Bill Clinton
President Bill Clinton (1993-2001) was impeached on December 19, 1998, on articles of perjury by a vote of 228-206 and obstruction of justice by a vote of 221-212. The allegations were based on the fact that Clinton illegally lied about and covered up his relationship with a twenty-two year old White House employee named Monica Lewinsky. The 2nd article accused Clinton of abuse of power by a 148-285 vote. President Clinton was acquitted by the Senate. The two-thirds vote to remove him from office fell short at 44-55 vote.
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