Impeachment Process

Impeachment is Congress’s most serious check on executive and judicial power. It’s a constitutional process — not a criminal one — designed to remove officials who commit “high crimes and misdemeanors.”

1. Constitutional Foundation

The authority for impeachment comes from Articles I and II of the U.S. Constitution.

The House of Representatives has the “sole power of impeachment.”
The Senate has the “sole power to try all impeachments.”
Impeachment applies to the President, Vice President, and all civil officers.

The framers intended impeachment as a last resort for grave misconduct — not policy disagreements.

2. Investigation and Articles of Impeachment

The process begins with an investigation, usually led by the House Judiciary Committee or a special panel.

Evidence is gathered through hearings, subpoenas, and reports.
If grounds exist, specific articles of impeachment are drafted and voted on in committee.

These articles function as formal charges — similar to an indictment in criminal law.

3. House Vote

The full House debates and votes on each article.

A simple majority vote is required to impeach.
If approved, the official is formally impeached — the equivalent of being “charged.”

The process then moves across the Capitol for trial in the Senate.

4. Senate Trial

The Senate conducts a trial presided over by the Chief Justice of the Supreme Court (for presidential impeachments).

House members act as prosecutors (“managers”).
The accused may have legal counsel and present a defense.
Senators serve as jurors and must take an oath of impartiality.

The trial is both legal and political — reflecting the unique powers of Congress.

5. Conviction and Removal

A two-thirds vote in the Senate is required to convict and remove the official.

If convicted, the official is immediately removed from office.
The Senate may also vote to disqualify the person from holding future federal office.

Conviction removes the official but does not carry criminal penalties — those are handled separately in court.

6. Historical Precedent

Impeachment has been used sparingly in U.S. history.

Three presidents (Andrew Johnson, Bill Clinton, Donald Trump) were impeached, none convicted.
President Richard Nixon resigned before a likely impeachment vote.
Several federal judges have been removed through impeachment.

The rarity of conviction reflects how high the bar is set — and how serious the process is meant to be.