When the President Has to Decide Whether or Not He Will Run for Office Again

Impeachment is serious business—it can lead to a U.S. President's removal from office. As of December 2020, only three U.S. Presidents have ever been impeached, and none have ever been removed from role through the impeachment process.

But "impeachment" tin can exist a pretty disruptive state of affairs for those of u.s.a. who aren't lawyers or politicians. What is impeachment, anyhow? What happens if a President is impeached? And how does impeachment work?

But don't worry—nosotros're here to demystify this confusing process. We're going to reply all your FAQs about impeachment in this article, including:

• What Is Impeachment, and What Does Impeachment Mean?
• Who Tin can Exist Impeached?
• How Does Impeachment Work?
• What Does Impeachment Mean for a President?

There'due south a lot to cover, and so permit'due south get started.

Feature image: Nick Youngson/PicPedia

What Is Impeachment?

Impeachment is the procedure by which Congress can remove the President or other civil officers from office. This is laid out in Article 2, Section 4 of the U.S. Constitution, which states:

The President, Vice President and all civil Officers of the U.s.a., shall be removed from Function on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Substantially, impeachment is made up of two parts. The first part of impeachment begins in the House of Representatives, where charges are brought confronting the President through Articles of Impeachment.

Then the Senate holds a trial, where Senators ultimately decide whether to acquit the person being impeached or discover them guilty. If the impeached person is acquitted, they essentially go on their task. If they're found guilty, that person is "fired" and removed from office.

And that'due south the full general procedure! Of course, impeachment isn't quite this simple. Nosotros'll go into lots more detail most the impeachment procedure a little later in the commodity.

Who Tin Be Impeached?

Permit's take a closer await at Commodity 2, Section 4 to see who tin be impeached:

The President, Vice President and all ceremonious Officers of the United states, shall be removed from Function on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article 2 makes it clear that both the President and Vice President of the United States can be impeached. It also says that "ceremonious officers" are subject to impeachment. But what is a civil officer?

While the Constitution does not explicitly name every civil officer that can be impeached, information technology does define the term "civil officer." Article 2, Department 3 of the Constitution outlines the powers that the President of the Usa has. This commodity states that:

[The President] shall from time to time give to the Congress Information of the Land of the Marriage, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on boggling Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Fourth dimension every bit he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United states of america.

We bolded the role of Commodity 2 that helps us empathize who a ceremonious officeholder is. The Constitution makes information technology articulate that civil officers are appointed by the President. That means that any person who'south been appointed to a high level position by the President tin be impeached. That includes Supreme Courtroom Justices, federal judges, and cabinet members.

But can a Member of Congress exist impeached? Or can a Senator exist impeached? Because these are elected positions, Congresspeople and Senators can't exist removed from function by the impeachment procedure laid out in the Constitution. They tin, however, exist removed past expulsion. This is laid out nether Article 1, Department 5 of the Constitution. If two-thirds of the Firm (for a Member) or two-thirds of the Senate (for a Senator) vote in favor of removal of a person from their position, they volition be expelled. They can also be recalled by the state they represent and removed from office. Yous can read more most how Senators or Congress Members tin can be removed from office hither.

In this commodity, nosotros're focusing primarily on U.South. Presidential impeachment. But just know that other types of federal officials can be impeached—and if they are, their impeachment follows the exact same processes we've outlined below.

Impeachment of State Officials

In this commodity, we're talking about impeachment of federal officials through the process outlined by the U.Southward. Constitution. Simply state officials, like governors, state supreme courtroom justices, and land judges can exist impeached, too.

Impeachable state officials are impeached following the guidelines in their state's constitution, not the U.Due south. Constitution. So if you wanted to impeach the governor of Kansas, for example, y'all would demand to follow the impeachment process that's outlined in the Kansas State Constitution.

For more than information about how a specific state can impeach its officials and remove them from office, y'all'll need to research that state'southward constitutional impeachment process.

There are only iii things a President can be impeached for: treason, bribery, and loftier crimes and misdemeanors. Learn more about each of these charges below.
(Nick Youngson/Blastoff Stock Images)

What Does it Hateful to Be Impeached?

So what does impeachment mean, exactly?

When a President is impeached, information technology ways that the Business firm of Representatives are accusing the President of "treason, bribery, or loftier crimes and misdemeanors" as outlined in Article 2, Section 4 of the Constitution.

In other words, impeachment works like an indictment in a criminal instance. It's basically how the House of Representatives, by majority vote, can accuse the President with either a criminal offence or gross misconduct.

There are three general categories of charges that Congress can bring against the President as outlined in Article three. Let'southward take a closer expect at each of those categories beneath.

Treason

Treason is the only crime that'south defined in the U.S. Constitution. In Article three, Section 3, it states:

Treason confronting the United States, shall consist merely in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

Essentially, treason happens when a U.Southward. denizen intentionally wages war against the U.S. Government or its interests. Information technology is also treason if a citizen willingly aids an enemy of the United States. Then for example, if the President were to form a military grouping with the intent of taking over the Us government, they would be guilty of treason. The President could also be charged with treason if they sold state secrets to an enemy of the United States.

Bribery

Bribery is defined as the human activity of giving, asking for, or receiving anything of value in order to influence the actions of a public official. One example of bribery is if the President were to personally receive money from a foreign government to influence how much assist the United States gives that state. Similarly, if the President were to offer a person a seat in the Cabinet in commutation for favors, they could be impeached for bribery.

High Crimes and Misdemeanors

Loftier crimes and misdemeanors is the trickiest term to define. That'due south because loftier crimes and misdemeanors can embrace a diversity of behaviors—not all of which are criminal. Generally speaking, most Constitutional scholars say that "loftier crimes and misdemeanors" is a category designed to a) encompass other criminal acts not outlined by Commodity 3, and b) address instances where the President seriously misuses or abuses the power of the role. Historically, this phrasing has been used to impeach Presidents for severe misconduct, exceeding the powers of the Executive Co-operative, and using the office of the presidency for personal gain.

As a consequence, "high crimes and misdemeanors" is a bit of a catch-all category when it comes to impeachment, and it allows Congress to use its discretion when it comes to impeaching a President.

Donald Trump is the first U.South. President to accept been impeached twice. Let's take a closer await at what impeachment tin—and tin can't—do.

What Happens if a President is Impeached?

Like nosotros mentioned earlier, if a president is impeached, it ways that the Business firm of Representatives has voted to indict the President on either criminal charges or high crimes and misdemeanors. (Retrieve, high crimes and misdemeanors aren't always crimes, despite what the name implies. It also covers abuses of ability and serious acts of misconduct that might non technically be illegal.)

One a President is formally impeached, their case goes to the Senate. If the House is the part of Congress that brings charges, then the Senate is where the President stands trial. Senators serve as the jury—their task is to hear the case presented to the Senate, then decide whether the President is guilty or non guilty.

If the President is non guilty, and so they are acquitted of all charges and continue to exist the President of the Us.

If a President is establish guilty, and so they are immediately removed from role. In that example, the Vice President of the Us becomes President until the next Presidential election.

Additionally, if a President is removed from office, they tin potentially lose all the perks that come with beingness a one-time President of the United States . That includes their lifetime secret service detail, their alimony, and almanac upkeep for security and travel.

However, a removed President isn't automatically prevented from property public office again in the future. That but happens if the Senate holds a split vote on the matter and votes in favor of barring the one-time President from doing then.

Impeachment: After President Leaves Office

Let's say a President has left part, but that months later Congress notice that the person committed impeachable offenses. Can that President exist impeached fifty-fifty though they are no longer president?

The short answer is probably not.

Considering Presidents no longer take Presidential power once they are out of office, some Constitutional scholars believe they become exempt from impeachment. Impeachment is a way for the Legislative Branch to bank check the Executive Co-operative. Ex-Presidents are no longer members of the executive branch

But this is also a situation that hasn't occurred before, and then Constitutional scholars point out that for this question to actuallybe answered, it would have to be ruled on by the courts.

But what well-nigh President Trump? Wasn't he impeached after he left function?

No.In 2021, President Trump was impeached following the January 6th, 2021 assault on the U.S. Capitol. Trump was formally impeached on Jan 13th, one week before the end of his term. His Senate trial volition occur after he leaves office, nonetheless.

Both the House of Representatives and the Senate are involved in impeachment. Keep reading to larn the ins and outs of the impeachment procedure!

How Does Impeachment Work?

Now that you can answer the question, "What is Presidential impeachment," permit's dig a trivial deeper into how this 2-footstep procedure works.

Nosotros're going to be talking about how impeachment works for a U.S. President below, but recall: the impeachment procedure is the same for all impeachable federal officials, including the Vice President, federal judges, and Supreme Court Justices. Whoever is being impeached will go through the same process we outline below! (Just swap out the term "President" for "Vice President" or "Judge," and yous'll get the drift.)

The Office of the House of Representatives in Impeachment

Impeachment always begins in the Firm of Representatives. That's considering Article ane, Section 2 gives the House the sole power to impeach:

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Unremarkably, the impeachment process begins with a resolution to start an investigation into impeachment. If the House passes that resolution by bulk vote, the House Judiciary Commission starts looking into whether the President has committed impeachable offenses. There is no fix length of fourth dimension for this investigation procedure: it can take anywhere from days to months. (And in the case of Donald Trump's second impeachment, the investigation was skipped entirely.)

If the committee finds that there is grounds for impeachment, and then the House begins drafting Articles of Impeachment. The Manufactures of Impeachment outline the impeachable offenses that the President is accused of having committed. (Remember: the House'southward job is basically to bring charges against the President) Once drafted, the Articles of Impeachment are brought earlier the House for a vote.

If the Articles of Impeachment are passed past a uncomplicated bulk, then the President is officially impeached. And then in the case of Donald Trump's impeachment, 217 of the House's 435 members would have to vote in favor of the Articles in order for impeachment to become through. (In fact, 229 members voted in favor of Trump'south first impeachment, and 232 members voted in favor of the second.)

At this bespeak, the Articles are sent to the Senate to fix for the President's trial. Additionally, the Speaker of the House appoints a set of House Managers for the trial as well. Firm Managers are a small group of House members that deed similar prosecuting attorneys for the President'due south impeachment trial. Their job is to nowadays the House's case confronting the President to the Senate.

The Function of the Senate in Impeachment

Just every bit the U.S. Constitution outlines the function of the House of Representatives when information technology comes to impeachment, it also outlines the office of the Senate. Article 1, Department 3 of the Constitution states:

The Senate shall have the sole Ability to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

And then if the House's chore is to bring impeachment charges against the President, so the Senate's job is to serve every bit the jury and decide whether the President is guilty of the charges brought against them.

In order to practice this effectively, the Senate holds a trial where the case against the Present is heard.

Like a normal courtroom trial, a Presidential impeachment trial consists of a prosecution, defense, judge, and jury.

We already know that House Managers are the prosecutors, and Senators are the jury members. So who serves equally the gauge and the defense?

The judge that presides over a Senate impeachment trial is the Chief Justice of the Supreme Court. Their job is to make sure that the rules of the trial—as outlined by the Senate—are being followed. Only that's about where the comparisons betwixt a normal court trial and a Senate impeachment trial end.

What the Chief Justice won't do is weigh in on the proceedings, mind to complaints past the defense or prosecution, or hand down a conviction. Co-ordinate to the Supreme Court of the United States blog, the Main Justice's role in an impeachment trial is to practice "nothing in particular and [do] it very well."

That leaves the defense. The defence in an impeachment trial consists of the official White Firm counsel, other lawyers selected by the President, and a few House members from the President'southward political party. The defense'south task is to defend the President from the charges brought against them.

The length of a Presidential impeachment trial varies from impeachment to impeachment. Before the trial begins, the Senate will set the rules for the trial. This includes how many witnesses are heard, which documents volition exist submitted for consideration, and how long the proceedings volition last. Additionally, Senators can simply submit written questions—they aren't allowed to actively participate in the trial itself.

Once the prosecution and defense have exhausted the time allotted past the rules the Senate has set, it's time for the Senate to vote on whether the President is guilty of the charges brought against them. In order for a President to be removed from office, two-thirds of Senators present have to find them guilty of the charges brought against them. So if all 100 Senators are present for the vote, 67 of them accept to vote guilty. Otherwise, the President is acquitted of the charges.

When it comes to a Senate impeachment trial, there is no appeals process. Whatever the Senate decides is the last discussion.

But what about the President? If they are removed from role, can the one-time President hold political function again? In order to be banned from running for or property political role, the Senate must concur an additional, separate vote on the subject. Information technology's not an automatic punishment for beingness impeached and removed!

Also keep in mind that being removed from part does not hateful the President is going to jail.The function of impeachment is political, which means that its job is to determine whether someone should keep their office or not.

In gild for a President to go to jail, they have to exist charged with a crime and establish guilty in criminal courtroom.That is a separate procedure from impeachment!

Neb Clinton, the 42nd President of the Us, was impeached for high crimes and misdemeanors in 1998.

How Many Presidents Have Been Impeached?

As of January 2021, only three sitting U.S. Presidents have ever been impeached: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021.

Each of these Presidents was impeached for different reasons, which we'll get over below.

What Does Impeachment Mean for a President: Andrew Jackson

In 1868, Andrew Johnson was impeached on charges of high crimes and misdemeanors, making him the first U.Due south. President to be impeached.

The House accused Johnson of violating the Tenure of Office Deed, which stated that the President would demand Senate approval in order to remove certain appointed officials. When Johnson removed Edwin M. Stanton, the Secretary of War, from function, the Firm filed Articles of Impeachment.

At the decision of the Senate trial, Johnson was acquitted of all the charges brought against him.

What Does Impeachment Hateful for a President: Bill Clinton

It would exist over a century before another U.Southward. President was impeached. Merely in 1998, the House of Representatives filed Articles of Impeachment against Bill Clinton.

Clinton was besides defendant of loftier crimes and misdemeanors. Specifically, the Firm charged him with lying nether oath when he denied having a sexual relationship with ane of his interns. He was besides charged with obstructing justice.

Like Andrew Johnson, Clinton was acquitted of all charges.

What Does Impeachment Mean for a President: Donald Trump

Donald Trump is the only American President in history to have been impeached twice.

Trump'due south first impeachment was in 2019. The House filed Articles of Impeachment against Trump, accusing him of pressuring the President of Ukraine to investigate Joe Biden, who would be challenging Trump in the 2020 Presidential ballot. As a upshot, Trump was charged with abuse of power and obstruction of Congress, which fall under "loftier crimes and misdemeanors."

Trump would stop upward acquitted of the charges by the Senate.

Trump'due south second impeachment was filed in 2021 when the House filed Manufactures of Impeachment accusing Trump of inciting an coup. This was a response to the Jan half dozen, 2021 attack on the U.S. Capitol by pro-Trump insurrectionists afterward a rally in which Trump called them to action.

As of the writing of this commodity, Trump's 2d impeachment hearings have not yet begun.

Was President Nixon Impeached?

While the Watergate scandal is one of the most well-known Presidential scandals of the modern era, it did not stop with Nixon's impeachment.

In 1974, it was revealed that Nixon had directed people loyal to him to break into the headquarters of his political opponents in search of information. Additionally, Nixon had directed law enforcement to cover up the crime.

The House was in the process of drawing up Articles of Impeachment, but Nixon resigned every bit President before the charges could be brought to the Senate.

What Does Impeachment Mean? Summary and Takeaways

As a quick epitomize, hither's what you lot demand to know about what happens when a president is impeached:

• Impeachment is the process through which a U.S. President, Vice President, or other federal civil officers can exist removed from office
• The impeachment process is outlined in the U.S. Constitution.
• Impeachable officials can exist impeached for three things: blackmail, treason, or loftier crimes and misdemeanors
• A President is impeached when a unproblematic majority (51 percent or more) of the Business firm of Representatives votes in favor of Manufactures of Impeachment
• Once a President is impeached, the President goes to trial in the Senate. Senators serve as the jury and hear the case against the President.
• 2-thirds of Senators must discover the President guilty in society to remove them from function. If the President is institute guilty, they are removed from role immediately. Without a two-thirds majority, the President is acquitted and returns to their duties.

And while three U.S. Presidents have been impeached, as of the writing of this commodity, no President has been establish guilty of impeachable offenses and removed from function!

What's Next?

• If y'all want to learn more than virtually how the U.South. political organization works, be certain to check out this guide to checks and balances and this explainer on how the Executive Branch tin limits the powers of the Judicial Branch.
• Impeachment is part of the American democratic procedure. To learn more than nearly what a democracy is—and how information technology's different from a republic—bank check out this commodity.
• If yous found this article because y'all're studying for your AP exams, then you're in luck! Nosotros have lots more than resources to aid you do well on your AP Government examination. Don't miss this comprehensive review guide, this compilation of the best AP Gov written report notes, and this walkthrough of the FRQs.

Have friends who likewise need aid with exam prep? Share this commodity!

Most the Author

Ashley Sufflé Robinson has a Ph.D. in 19th Century English language Literature. Equally a content author for PrepScholar, Ashley is passionate about giving college-bound students the in-depth data they demand to get into the school of their dreams.

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