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HIGHLIGHTS
definition || sides involved || procedures || result || high crimes and misdemeanors || president's pension
succession || alternative punishments || history|| current|| essense of impeachment || FOR FURTHER INFORMATION

Impeachment is the process by which charges are brought against a government official, which can result in his removal from office. It does not mean that the person impeached is guilty, only that a trial must be held to determine his innocence or guilt. The first impeachment trial was in England in 1376, but the practice did not become regular until the 17th Century. In 1787, the Founding Fathers adopted the impeachment measure when they drafted America's Constitution.

According to the Constitution, the President, Vice President and all civil officers may be impeached and if convicted, shall be removed from office. The "sole power of impeachment" is granted to the House of Representatives. The House may impeach by a majority vote. Then the impeachment is tried before the Senate, and conviction occurs if two-thirds of the Senators agree to any article presented by the House.

The Constitution doesn't specify the actual procedures the Congress should follow in carrying out the impeachment and trial. The impeachment process can be triggered by an independent prosecutor. Usually, the House will pass a resolution directing its Judiciary Committee to investigate the charge(s). The Committee will then hold hearings and vote to decide whether or not to report to the House a resolution containing the formal charge(s), known as the Article(s) of Impeachment. The full House will debate and vote on the resolution. If it's passed, the matter goes to the Senate for trial. If the impeachment involves the President, the Chief Justice of the Supreme Court will preside over the trial. The trial resembles criminal proceedings, with the calling of witnesses, testimony by the defendant, and examinations by counsels. Then the Senate will debate the matter in closed session. It will then return to open session to vote separately on each Article of Impeachment. If any one of the articles receive a 2/3 vote, the official is considered convicted. To reduce the time-consuming procedures, in 1993, the Supreme Court ruled that the Senate can define its own procedures as it wished. Again, it's not directly stated in the Constitution whether the Senate's decision could be appealed or not. The popular view is that the decision is final: Neither the Supreme Court nor any lower court may review or revise it.
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The Constitution says: "Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."(Article 1, Section 3). Thus, it suggests that after conviction, removal of office is mandatory, but the Senate can choose whether to disqualify the person from future office or not. If a President is impeached and removed from office, he/she might still face legal prosecution in the courts of criminal justice. However, it's unclear from the Constitution whether an incumbent President may be indicted and prosecuted. The prevailing view in the legal community is that the President may not be indicted while still in office.
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The most controversial question surrounding the impeachment process might be the exact meaning of "High Crimes and Misdemeanors". Unlike the other two impeachable offenses listed in the Constitution, treason and bribery, "High Crimes and Misdemeanors" is a concept that people are still intensely arguing about. There're about three definitions: (1) serious crime that breaks the law; (2) an abuse of office; (3)abuse of the public trust. The historians are still exploring the original intention of the Founding Fathers to list "High Crimes and Misdemeanors", but one thing is clear: "High Crimes and Misdemeanors" shouldn't be used as a catch-all term that justifies removing the President or other officials.
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A President removed from office by the impeachment process doesn't receive the pension and other benefits that they would otherwise be entitled to by the Former Presidents Act. A President who resigns before or during a Senate impeachment trial, but before being convicted on an article of impeachment, would retain the benefits provided by the Act.

The Vice President becomes President immediately after a President is convicted and removed from the office. The vice presidency is then vacant until a successor is nominated and approved by the Congress.

The Constitution doesn't mention any lesser punishments besides removal and disqualification from future office. However, Congress arguably may choose less severe alternatives, such as censure (a formal condemnation by the Congress) or a monetary fine.
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In American history, more than 60 impeachment charges have been brought against several presidents and judges. Eight previous presidents -- John Tyler, Andrew Johnson, Grover Cleveland, Herbert Hoover, Harry S. Truman, Richard M, Nixon, Ronald W. Reagan, and George H. W. Bush -- have had proposed articles of impeachment filed against them in the House of Representatives. Only in the case of Andrew Johnson (1868) did the House vote to impeach a President, but the Senate didn't convict him. President Nixon resigned in 1974 for the Watergate case after the House Judiciary Committee had approved three impeachment articles against him but before the House voted on the impeachment. So the House didn't actually impeach Nixon.

On January 16, 1998, Independent Counsel Kenneth W. Starr was appointed to investigate President Clinton's conduct in the Lewinsky matter. On December 19, 1998, William Jefferson Clinton, the 42nd President of the United States, became the second President in American history to be impeached by the House of Representatives. The House adopted 2 out of 4 impeachment articles against him. One of the articles accused him of lying under oath to Kenneth Starr's grand jury about his affair with Monica Lewinsky, and the other of obstructing justice by coaching his secretary, Betty Currie, to lie about his relationship with Lewinsky. The Senate trial started on January 7, 1999, which is presided over by the Chief Justice, William Rehnquist.
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In "A Citizen's Guide to Impeachment", Alan Hirsch summarizes the reality of impeachment:
"It is a double-edged sword. Used properly, it reflects and serves our deepest ideals. Used improperly, it undermines those very ideals. At its best, it distinguishes our commitment to democracy. At its worst, it is the triumph of power politics and partisanship over democracy, and that way lies authoritarianism."

References:
  • Alan Hirsch, "A Citizen's Guide to Impeachment". http://www.essential.org/books/impeach/
  • David C. Huckabee, et al. "Impeachment: Frequently Asked Questions". http://usia.gov/topical/rights/impproc
  • Ilona Nickels, "Capitol Questions". http://www.c-span.org/questions/
  • Charles L. Black, Jr. "Impeachment: a Handbook". New Haven, Yale University Press,1974.
  • Richard Lacayo, "Washington burning" http://cnn.com/ALLPOLITICS/time/1998/12/21/washington.html
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Last updated: Saturday, 06-Mar-2004 13:10:26 CST
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