The Impeachment Process, Explained
WASHINGTON — Speaker Nancy Pelosi announced Tuesday that the House would launch a formal impeachment inquiry in response to the dispute over Mr. Trump’s efforts to pressure Ukraine to investigate his potential 2020 rival, former Vice President Joseph R. Biden Jr.
The rising furor has heightened interest in how the impeachment process works. Here’s what you need to know:
What is impeachment?
The Constitution permits Congress to remove presidents before their term is up if enough lawmakers vote to say that they committed “treason, bribery, or other high crimes and misdemeanors.”
Only three presidents have been subjected to impeachment proceedings. Two were impeached — Andrew Johnson in 1868 and Bill Clinton in 1998 — but ultimately acquitted and completed their terms in office. A third, Richard M. Nixon, resigned in 1974 to avoid being impeached.
What is a “high crime”?
The term “high crimes and misdemeanors” came out of the British common law tradition: it was the sort of offense that Parliament cited in removing crown officials for centuries. Essentially, it means an abuse of power by a high-level public official. This does not necessarily have to be a violation of an ordinary criminal statute.
In 1788, as supporters of the Constitution were urging states to ratify the document, Alexander Hamilton described impeachable crimes in one of the Federalist Papers as “those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.”
What is the process?
In both the Nixon and the Clinton cases, the House Judiciary Committee first held an investigation and recommended articles of impeachment to the full House. In theory, however, the House of Representatives could instead set up a special panel to handle the proceedings — or just hold a floor vote on such articles without any committee vetting them.
When the full House votes on articles of impeachment, if at least one gets a majority vote, the president is impeached — which is essentially the equivalent of being indicted.
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