News.cx
BREAKING NEWS How impeachment works: House charges, Senate tries the case
World

How impeachment works: House charges, Senate tries the case

The House impeaches an official by a simple majority vote. The Senate then holds a trial, and conviction requires two-thirds of senators present.

Daniel Okafor

By Daniel Okafor · Business Editor

4 min read

In the federal system, impeachment is the House of Representatives’ formal charge against an official; it does not itself remove that person from office. Under the Constitution’s process, the House approves articles of impeachment by a simple majority, then the Senate tries the case and may convict by a two-thirds vote of senators present. A conviction on any article results in removal. According to the U.S. Senate and the Congressional Research Service, the House and Senate have separate constitutional roles in the process.

How impeachment moves through Congress

  1. The House examines allegations. A House member may initiate impeachment proceedings, and House committees may investigate before articles of impeachment are prepared. The League of Women Voters describes the articles as written allegations of misconduct.
  2. The House votes on articles of impeachment. The Constitution gives the House the sole power of impeachment. According to the U.S. Senate, approval by a simple majority formally impeaches, or charges, the official.
  3. The Senate holds a trial. After receiving the articles, the Senate has the sole power to try the impeachment. The Senate says it can consider evidence and witnesses, while House managers present the House’s case as prosecutors.
  4. The Senate votes on conviction. Conviction requires the agreement of two-thirds of senators present, not two-thirds of the Senate’s full membership. If no article receives that support, the official is acquitted and is not removed through impeachment.

What each chamber decides

  • House: Whether to bring formal charges through articles of impeachment. The threshold is a simple majority.
  • Senate: Whether to convict after a trial. The threshold is two-thirds of senators present.
  • House approval: Impeachment, not removal.
  • Senate conviction: Removal from office.

For a presidential impeachment trial, the chief justice of the United States presides, according to the U.S. Senate and CRS. CRS also says senators must be under oath or affirmation, impeachment proceedings do not carry a right to a jury trial, and the Senate’s impeachment judgment has no appeal.

Who can be impeached, and for what?

The Constitution makes the president, vice president and other federal civil officers subject to impeachment, according to CRS and the U.S. Senate. Federal judges are among the officials Congress has impeached in practice, USAGov says.

The constitutional grounds are “Treason, Bribery, or other high Crimes and Misdemeanors.” The Constitution does not define the final phrase, and the U.S. Senate says its meaning has long been debated. CRS says the phrase was understood at ratification to cover political offenses or misdeeds by public officials against the state.

State and local procedures are separate from the federal process. USAGov says state legislatures can impeach governors and other state officials, and that many local governments also have impeachment procedures.

What happens after the Senate vote

A Senate conviction removes the official from office. The Senate may also disqualify a convicted official from holding future federal office, according to CRS.

Impeachment does not determine criminal punishment. CRS says a convicted official may still face indictment, trial, judgment and punishment under ordinary law, and a president cannot use the pardon power to prevent impeachment or removal.

A voting example

Hypothetical Senate attendance: If 96 senators are present for a vote on one article, two-thirds is 64. At least 64 votes to convict are required; 63 votes would fall short even though they are a majority of those present.

The House stage has a different threshold. A House majority can impeach an official, but removal depends on a later Senate conviction by two-thirds of senators present.

A brief historical marker

USAGov identifies three presidents impeached by the House: Andrew Johnson, Bill Clinton and Donald Trump, who was impeached twice. All remained in office after Senate acquittals, illustrating the difference between a House impeachment and Senate conviction and removal.

Frequently asked questions

What does “high crimes and misdemeanors” mean?

The Constitution lists treason, bribery and “other high Crimes and Misdemeanors” as grounds for impeachment, but it does not define that final phrase. The U.S. Senate says its meaning has long been debated. CRS says the phrase was understood at ratification to encompass political offenses or misdeeds by public officials against the state.

Who can be impeached under the U.S. Constitution?

The president, vice president and other federal civil officers are subject to impeachment, according to the U.S. Senate and CRS. Federal judges are among the officials Congress has impeached in practice.

Can an impeached official still be prosecuted in criminal court?

Yes. Impeachment can result in removal and possible disqualification from future federal office, but it does not itself impose criminal punishment. CRS says a convicted official may still be subject to indictment, trial, judgment and punishment under ordinary law.

Sources