Elsa Dees- Article II: Impeachment Clause

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Article II, Section 4 delineates the impeachment terms for the president, vice president and other civil officers of the United States. This impeachment clause stems from both English Parliamentary practice and American Colonial Law. In Britain, Parliament had the ability to challenge the power of the crown, ministers, and the king’s favorites due to political offenses. The colonies also had their own impeachment procedures, which held officials accountable for political crimes. In both cases, impeachment proceedings were part of a process that separated powers and allowed the legislative branch to check the executive, counteracting tyranny. (1)

The common interpretation of Article II, Section 4 is that all federal officials can be tried, impeached, and removed from office for committing treason, bribery, or other high crimes and misdemeanors. This provision can be interpreted in divergent ways because of the vague definition of “other high crimes and misdemeanors,” which provides latitude for the House to determine what offenses can be considered grounds for impeachment. While this clause does not allow the House to impeach an official for incompetence, it provides the House with great flexibility to impeach a federal official for a crime or abuse of power.

The impeachment process first begins when the House conducts an impeachment inquiry. Thereafter, the House must pass, by simple majority, the articles of impeachment, which constitute the formal allegations against the official. If the House passes the articles, the federal official is considered impeached. The Senate then conducts the trial of the impeached official. If supported by two-thirds of the Senate, the official is convicted and removed from office. (2)

Over the course of U.S. history, a very small number of government officials have been impeached and a much smaller number have been convicted and removed from office. Most officials under scrutiny have decided to voluntarily resign from their positions or have been removed by their superiors. Three presidents – Andrew Johnson, Bill Clinton and Donald Trump – have been impeached by the House, with Trump twice, but none have been convicted by the Senate. In late 1998, President Bill Clinton was impeached by the House for perjury during an investigation about pre-presidency financial deals and obstruction of justice. During the Senate trial, numerous senators raised questions about whether President Clinton’s actions were “high crimes and misdemeanors.” President Clinton was ultimately not convicted when the Senate did not reach the required two-thirds supermajority. (3)

Impeachment connects to revolutionary ideas and questions of checks and balances, stopping tyranny and injustice, and making sure that the power resides with the people, or in this case, the House of Representatives. While there is debate about the vague definition of the impeachable offenses, I would not amend this clause because a narrow and specific definition would be easier to avoid and would not provide for changes in laws and offenses. This vague provision leaves more room for the House and the Senate to make decisions on what is morally correct and the appropriate punishments.

1. “ArtII.S4.4.2 Historical Background on Impeachable Offenses,” Constitution Annotated, https://constitution.congress.gov/browse/essay/artII-S4-4-2/ALDE_00000699/.

2. “About Impeachment,” United States Senate, https://www.senate.gov/about/powers-procedures/impeachment.htm.

3.  “ArtII.S4.4.8 President Bill Clinton and Impeachable Offenses,” Constitution Annotated, https://constitution.congress.gov/browse/essay/artII-S4-4-8/ALDE_00000696/.

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