The Process of Impeachment in the United States

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Table of Contents

Introduction
Impeachment Provisions of the Constitution
Historical Precedents for Impeachment
The Procedure of the Impeachment of a Sitting President
Conclusion
References

Introduction

President Trump’s conduct in office has been worrying the US citizens since his election. Therefore, when it became known that Trump tried to use the authority of another government in his own political interests, an impeachment inquiry was announced. Trump asked the Ukrainian president to investigate Hunter Biden, a son of his main rival in the oncoming election. However, this is not the only reason causing Trump to be the fourth president under impeachment investigation. This paper will consider the Constitutional provisions related to impeachment and the historical precedents established during the impeachment proceedings of past presidents. It will also analyze what it will take constitutionally, procedurally, substantively, and politically to impeach the sitting president.

Impeachment Provisions of the Constitution

The constitutional provisions on impeachment are stated in two articles of the document. The Constitution stipulates that “the House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment” (Article I, section 2). It means that only the House of Representatives initiates the procedure of impeachment. The Constitution also claims that “the Senate shall have the sole Power to try all Impeachments” (Article I, section 3). Thus, the Senate decides whether the impeached official should be convicted or acquitted. This section further stipulates that if the matter concerns the president, the Chief Justice should conduct the trial (Article I, section 3). Furthermore, to remove a person from the office, “the Concurrence of two-thirds of the Members present” is required (Article I, section 3). Finally, it is possible to bar a person from office and try him or her according to law.

The other article specifies the officials subject to impeachment and the reasons for this procedure. The Constitution states that “the President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors” (Article II, section 4). The grounds for impeachment are formulated vaguely, which may cause disputes as to what kinds of officials’ behavior come within the described offenses.

Historical Precedents for Impeachment

In the history of the USA, three presidents were put under impeachment investigation: Andrew Johnson, Bill Clinton, and Richard Nixon. Andrew Johnson was impeached in 1868, after the Civil War, and became the first American president to undergo this procedure. The reason for his impeachment was that he infringed the Tenure of Office Act. This act limited presidential powers by prohibiting the president to dismiss particular officials without the approval of the Senate. However, Johnson removed the Secretary of War from his office, which led to his impeachment. During the first trial, the president was acquitted. After a ten-day delay, the second vote was held, and Johnson was acquitted again. This precedent showed that it was a bad practice for Congress to impeach a president based on its disagreement with his policies.

The impeachment of Bill Clinton took place in 1998, and he was blamed for lying in the court about his sexual relations with Monica Lewinsky. The trial was held in 1999 and ended with Clinton’s acquittal since there were less than two-thirds votes for conviction. According to Trautman, many people involved in Clinton’s case found his conduct inappropriate, but not grave enough to be considered an impeachable offense (p. 545). Indeed, even though the reason for the impeachment was not sexual relationships of the president, but the attempt to conceal them under oath, it is hardly may be regarded as a crime against the state. Thus, this case established a precedent that the personal misdemeanor of a president is not a motive for impeachment unless it threatens the well-being of the nation.

While the two presidents mentioned above were eventually impeached, Richard Nixon resigned before trial. The court investigated whether Nixon was involved in the Watergate scandal, but the president refused to provide the required records of conversations. The House of Representatives began to prepare to impeach him for obstruction of the investigation. Finally, when the record named “Smoking Gun” was released, it became clear that Nixon tried to impede justice for personal advantage. Having lost any political support, the president resigned; otherwise, he would have been impeached and removed from office by the Senate trial. Nixon’s case showed that obstruction of justice, concealing evidence, and abuse of power are substantial grounds for impeachment.

The Procedure of the Impeachment of a Sitting President

Given the constitutional provisions for impeachment and the established precedents, it is possible to explain what is necessary to impeach the current president. First, any member of the House of Representatives should bring accusations against President Trump and submit them to the House Judiciary Committee. If the evidence is sufficient, the members of the House of Representatives will hold a vote. If over 50% of them vote for impeachment, the president will be impeached, and the case will be passed to the Senate for trial. The Senate will have to vote for either conviction or acquittal. If two-thirds of the voters, as stipulated by the Constitution, decide that the president is guilty, he will be removed from office; otherwise, he will be acquitted.

The House of Representatives has been trying to start the impeachment procedure since 2017. In that year, the resolution, HR 438, was presented with a proposition to impeach Trump based on obstruction of justice during an investigation into Russian interference in the recent election campaign (Trautman, p. 549). However, since the Republican Party, to which Trump belongs, constituted the majority at that time, the voting did not end with impeachment. Thus, to impeach a sitting president, some members of the ruling party have to support the initiative.

On September 24, 2019, the House of Representatives finally impeached President Trump for exercising his power in his own political interests. This case bears a resemblance to that of Nixon, who was charged with the same offense. Furthermore, like Nixon, Trump refuses to provide the required evidence, which may lead to an accusation of obstruction of justice. However, the Senate trial is still awaiting the current president, and the voting after it will determine whether Trump will be removed from his office. Currently, no president was dismissed by impeachment, so President Trump may establish a new precedent if he does not find enough political support to prevent the Senate from convicting him.

Conclusion

To sum up, the process of impeachment is not an easy and rapid one. The Founders included it into the Constitution not to punish a president but to protect the nation from harm, which may be caused by a person misusing his or her power. The current president’s case is somewhat similar to the precedent established by Nixon. President Trump has been accused of the same offenses as Nixon. Although the latter was not impeached due to resignation, the Senate trial is still awaiting Trump.

References

“Constitution of the United States.” United States Senate, Web.
Trautman, Lawrence J. “Presidential Impeachment: A Contemporary Analysis.” University of Daytona Law Review, vol. 44, no. 3, 2019, pp. 529-594.

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The Process of Impeachment in the United States

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