How Impeachment Works

Impeachment is the process by which Congress can charge and potentially remove federal officials — including the president — for serious misconduct. It's laid out in Article I and Article II of the Constitution.

A critical distinction: impeachment is not removal. Impeachment is the formal accusation, similar to an indictment in criminal law. The House of Representatives impeaches (charges), and the Senate holds the trial. Only if the Senate convicts by a two-thirds vote is the official removed from office.

The Constitution specifies that officials can be impeached for "Treason, Bribery, or other high Crimes and Misdemeanors."

• Treason: Defined in the Constitution as levying war against the United States or giving aid and comfort to its enemies.
• Bribery: Accepting or soliciting something of value in exchange for official action.
• High crimes and misdemeanors: This phrase has been debated since the founding. It broadly refers to serious abuses of power, violations of public trust, or conduct incompatible with the office. It does not necessarily require a violation of criminal law.

In practice, Congress has significant discretion in defining impeachable conduct. As Gerald Ford once said, "An impeachable offense is whatever a majority of the House of Representatives considers it to be."

The impeachment process begins in the House of Representatives:

1. Investigation: A House committee (typically Judiciary) investigates the allegations, holds hearings, and gathers evidence. Witnesses may testify and documents may be subpoenaed.
2. Articles of impeachment: If the committee finds sufficient evidence, it drafts articles of impeachment — formal charges specifying the alleged misconduct.
3. Committee vote: The Judiciary Committee votes on whether to send the articles to the full House.
4. Full House vote: The full House debates and votes on each article. A simple majority (218 votes) is required to pass each article. If any article passes, the official is impeached.

After impeachment by the House, the case moves to the Senate for trial:

• Presiding officer: For presidential impeachments, the Chief Justice of the Supreme Court presides. For all other officials, the Vice President or the president pro tempore of the Senate presides.
• House managers: Members of the House serve as prosecutors, presenting the case against the official.
• Defense: The impeached official has the right to legal representation and can present witnesses and evidence.
• Senators as jurors: All 100 senators serve as jurors. They take a special oath to do "impartial justice."
• Conviction: A two-thirds vote (67 senators) is required to convict and remove the official from office.

If convicted, the official is immediately removed. The Senate may also vote (by simple majority) to bar the official from holding future federal office.

• Contact your representatives during proceedings: Your House member votes on whether to impeach, and your senators vote on whether to convict. Let them know where you stand. Learn how to contact them effectively.
• Stay informed with primary sources: Read the actual articles of impeachment and watch hearings rather than relying solely on commentary. C-SPAN broadcasts proceedings live and archives them.
• Understand the stakes: Impeachment is a political process, not a criminal one. Your voice as a constituent matters because members of Congress weigh public opinion in their votes.
• Vote for accountability: How your representatives handle impeachment proceedings is part of their record. Factor their votes into your decisions at election time.