Impeachment is one of the most misunderstood tools in the Constitution. It is not a criminal trial, and being impeached is not the same as being removed.
The Text
- Article I, Section 2: The House of Representatives “shall have the sole Power of Impeachment”
- Article I, Section 3: The Senate “shall have the sole Power to try all Impeachments.” Senators sit under oath, conviction requires two-thirds of members present, and when the President is tried, the Chief Justice presides
- Article II, Section 4: The President, Vice President and “all civil Officers of the United States” shall be removed on impeachment for and conviction of “Treason, Bribery, or other high Crimes and Misdemeanors”
How It Works
- Step 1, the House: Articles of impeachment are typically investigated by committees, often the Judiciary Committee. The full House then votes. A simple majority impeaches, meaning formally charges
- Step 2, the Senate: The Senate holds a trial. House members called managers act as prosecutors, and the official may present a defense
- Step 3, judgment: Conviction requires two-thirds. Punishment is limited to removal from office and, by a separate majority vote, disqualification from future federal office. Criminal prosecution, if any, is a separate matter
What Are “High Crimes and Misdemeanors”?
The phrase is not defined in the Constitution. Alexander Hamilton, in Federalist No. 65, described impeachable offenses as those that proceed from “the abuse or violation of some public trust.” Most scholars agree an impeachable offense need not be a statutory crime, but there is no binding definition. In practice, it means what a majority of the House and two-thirds of the Senate decide it means.
The Historical Record
- Three Presidents have been impeached: Andrew Johnson (1868), Bill Clinton (1998) and Donald Trump (2019 and 2021). None was convicted
- Richard Nixon resigned in 1974 before the full House voted on articles approved by the Judiciary Committee
- Most impeachments have involved federal judges, and every official ever convicted and removed by the Senate has been a federal judge
- Two Cabinet secretaries have been impeached: William Belknap in 1876 and Alejandro Mayorkas in 2024. Neither was convicted
Why the Framers Built It This Way
The Framers wanted a way to remove officials who abuse power without making officials removable for mere policy disagreements. Requiring a two-thirds Senate vote means conviction is nearly impossible without support from both parties. That is by design.
Keep Digging With Truth Agent
This article is a starting point. Truth Agent puts the public record at your fingertips, including the Constitution, federal law, regulations, court opinions and oversight reports, so you can read the impeachment clauses, past articles of impeachment and Senate trial records without relying on anyone’s summary, including ours.
Read Next on Truth Trench
- Advice and Consent: How the Senate Confirms Nominees and Approves Treaties
- Checks and Balances: How the Three Branches of Government Limit Each Other
- The Powers of the President of the United States
