Impeachment in the United States is the process by which a

legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal.

Impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

may also occur at the state level if the state or commonwealth has provisions for it under its

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

. Impeachment might also occur with tribal governments as well as at the local level of government. The federal

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...

, which can vote by a 2/3 majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office Most

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

s can impeach state officials, including the

governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, in accordance with their respective state constitution. Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president of the United is constitutionally precluded from granting a

pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...

to impeached and convicted persons that would protect them from the consequences of a conviction in a federal impeachment trial.

Federal impeachment

Constitutional provisions

Article I, Section 2, Clause 5 of the United States Constitution provides: Article I, Section 3, Clauses 6 and 7 provide: Article II, Section 2 provides: Article II, Section 4 provides: The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not itself define "high crimes and misdemeanors". The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The Constitution does not articulate who qualifies as a "civil officer of the United States". Federal judges are subject to impeachment. Within the executive branch, any presidentially appointed "principal officer", including a head of an agency such as a Secretary, Administrator, or Commissioner, is a "civil officer of the United States" subject to impeachment. An earlier version from 2005 is at https://www.senate.gov/reference/resources/pdf/98-806.pdf . At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law. The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.''Senate Journal'', 5th Congress, 3rd Session, December 17, 1798 to January 10, 1799. As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member" (see

List of United States senators expelled or censured The United States Constitution gives the Senate the power to expel any member by a two-thirds vote. This is distinct from the power over impeachment trials and convictions that the Senate has over executive and judicial federal officials: th ...

and

List of United States representatives expelled, censured, or reprimanded The United States Constitution (Article 1, Section 5) gives the House of Representatives the power to expel any member by a two-thirds vote. Expulsion of a Representative is rare: only five members of the House have been expelled in its history. ...

). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator

William Blount William Blount (March 26, 1749March 21, 1800) was an American Founding Father, statesman, farmer and land speculator who signed the United States Constitution. He was a member of the North Carolina delegation at the Constitutional Convention o ...

of Tennessee. The constitutional text is silent on whether an officer can be tried after the officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and the Senate has been willing to try the official after resignation. In 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as

United States Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...

. The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial. The permissibility of trying a former official was a major issue in the

second impeachment trial of Donald Trump The second impeachment trial of Donald Trump, the 45th president of the United States, began on February 9, 2021, and concluded with his acquittal on February 13. Trump had been impeached for the second time by the House of Representatives ...

, which commenced 20 days after Trump's term in office expired, although Trump's

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

itself occurred while he was President. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional. The Constitution does not limit the number of times an individual may be impeached. As of 2022, Donald Trump is the only federal officer to have been impeached more than once.

Process

At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry, though this is not a required stage.''Impeachment and Removal''
, Congressional Research Service, October 29, 2015 The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. * First, the House investigates through an impeachment inquiry. * Second, the

must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". * Third, the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the

president of the Senate President of the Senate is a title often given to the presiding officer of a senate. It corresponds to the speaker in some other assemblies. The senate president often ranks high in a jurisdiction's succession for its top executive office: for ex ...

, who is also the

vice president of the United States The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice p ...

. Conviction in the Senate requires the concurrence of a two-thirds

supermajority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority ru ...

of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a

majority A majority, also called a simple majority or absolute majority to distinguish it from related terms, is more than half of the total.Dictionary definitions of ''majority'' aMerriam-Webster Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate

committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly. A committee is not itself considered to be a form of assembly. Usually, the assembly sends matters into a committee as a way to explore them more ...

. The impeachment process may be requested by non-members. For example, when the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...

suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a

special prosecutor In the United States, a special counsel (formerly called special prosecutor or independent counsel) is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exis ...

, the president, or state or territorial legislature,

grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a p ...

, or by

petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...

. An impeachment proceeding formally begins with a resolution adopted by the full House of Representative. An impeachment resolution may first pass through a House committee before the full House vores on it. The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the

House Committee on the Judiciary The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...

. A resolution to authorize an investigation regarding impeachable conduct is referred to the

House Committee on Rules The Committee on Rules, or more commonly, the Rules Committee, is a committee of the United States House of Representatives. It is responsible for the rules under which bills will be presented to the House of Representatives, unlike other commit ...

, and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law). Either as part of the impeachment resolution or separately specific grounds and allegations of for impeachment will be outlined in one or more

articles of impeachment Impeachment in the United States is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. Impeachment may also occur at the state level if the sta ...

. The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "

House managers An impeachment manager is a legislator appointed to serve as a prosecutor in an impeachment trial. They are also often called "House managers" or "House impeachment manager" when appointed from a legislative chamber that is called a "House of Repr ...

", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the

Speaker of the United States House of Representatives The speaker of the United States House of Representatives, commonly known as the speaker of the House, is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the ...

. These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.

Trial in the Senate

Senate rules call for an impeachment trial to begin at 1 pm on the day after articles of impeachment are delivered to the Senate, except for Sundays. There is no timeframe requirement for when the managers must actually deliver the articles of impeachment to the Senate. On the set date, senators are sworn in for the impeachment trial. The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform

cross-examination In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination (in Ireland, the United Kingdom, Australia, Canada, South Africa, India and Pakistan known as examination-in-chief) and ...

s. The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defense with his or her own attorneys as well. Senators must also take an

oath Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...

or affirmation that they will perform their duties honestly and with

due diligence Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. It can be a ...

. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State. Upon conviction in the Senate, the official is automatically removed from office and may by a separate vote also be barred from holding future office. The Senate trial is not an actual criminal proceeding and more closely resembles a civil service termination appeal in terms of the contemplated deprivation. Therefore, the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding. The president may not grant a pardon in the impeachment case, but may in any resulting federal criminal case (unless it is the president who is convicted and thus loses the pardon power). However, whether the president can self-pardon for criminal offenses is an open question, which has never been reviewed by a court. Beginning in the 1980s with Harry E. Claiborne, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI. These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber's time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as this did not meet the constitutional requirement for their cases to be "tried by the Senate". Several impeached judges, including District Court Judge

Walter Nixon Walter Louis Nixon Jr. (born December 16, 1928) is a former United States district judge of the United States District Court for the Southern District of Mississippi who in 1989 was impeached by the House of Representatives and removed from offic ...

, sought

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

intervention in their impeachment proceedings on these grounds. In ''

Nixon v. United States ''Nixon v. United States'', 506 U.S. 224 (1993), was a United States Supreme Court decision that determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if ...

'' (1993),''

'', . the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are

political question In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...

s and could not be resolved in the courts. In the case of impeachment of the president, the Chief Justice of the Supreme Court presides over the trial. During the

, some Senate Republicans argued that the Chief Justice was required to preside, even though Trump was no longer the President when the trial began. However, by a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional. The trial was presided over by

President pro tempore A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase '' pro tempore'' is Latin "for the time being". ...

Patrick Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...

. The Constitution is silent about who would preside in the case of the impeachment of a vice president. It is doubtful the vice president would be permitted to preside over their own trial. As president of the Senate, the vice president would preside over other impeachments. If the vice president did not preside over an impeachment (of anyone besides the president), the duties would fall to the

president pro tempore of the Senate A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase ''pro tempore'' is Latin "for the time being". ...

. To convict an accused, "the concurrence of two thirds of the enatorspresent" for at least one article is required. If there is no single charge commanding a "guilty" vote from two-thirds of the senators present, the defendant is acquitted and no punishment is imposed.

Removal and disqualification

Conviction immediately removes the defendant from office. Following the vote on conviction, the Senate may by a separate vote also bar the individual from holding future federal office, elected or appointed. As the threshold for disqualification is not explicitly mentioned in the Constitution, the Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds supermajority. The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office. Conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law" in the regular federal or state courts. However, the

Former Presidents Act The Former Presidents Act (known also as FPA; note (P.L. 85-745)) is a 1958 U.S. federal law that provides several lifetime benefits to former presidents of the United States who have not been removed from office solely pursuant to Article Two o ...

of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. Because of an amendment to that law in 2013, a former president who has been removed from office due to impeachment and conviction is still guaranteed lifetime

Secret Service A secret service is a government agency, intelligence agency, or the activities of a government agency, concerned with the gathering of intelligence data. The tasks and powers of a secret service can vary greatly from one country to another. Fo ...

protection.

List of federal impeachments

The House has approved articles of impeachment 21 times for 20 federal officers. Of these: * Fifteen were

federal judges Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of ...

: thirteen district court judges, one court of appeals judge (who also sat on the

Commerce Court Commerce Court is an office building complex on King and Bay Streets in the financial district of Toronto, Ontario, Canada. The four-building complex is a mix of Art Deco, International, and early Modernism architectural styles. The office co ...

), and one

associate justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...

of the

* Three were sitting presidents:

Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a De ...

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...

, and

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...

(impeached twice). * One was a

Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...

secretary * One was a

U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and power ...

. Of the 21 impeachments by the House, eight defendants were convicted and removed from office, four cases did not come to trial because the individuals had left office and the Senate did not pursue the case, and nine ended in acquittal. To date, every convicted official was a federal judge. Of the eight to have been convicted and removed, three were disqualified from ever holding federal office again by the Senate. One of the remaining five is former congressman

Alcee Hastings Alcee Lamar Hastings ( ; September 5, 1936 – April 6, 2021) was an American politician and judge from the state of Florida. Hastings was nominated to the United States District Court for the Southern District of Florida by President Jimmy Cart ...

(D-Florida), who was convicted and removed from office as a federal judge in 1989, but was not barred from holding federal office, only to be elected to the

United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...

in 1992, a seat he held until his death on April 6, 2021. No president impeached by the House has been convicted by the Senate. In two cases, a Senate majority voted to convict an impeached president, but the vote fell short of the required two-thirds majority and therefore the impeached president was not convicted. The two instances where this happened were the Senate trial of Andrew Johnson in 1868 (where Johnson escaped conviction by one vote), and the second Senate trial of Donald Trump in 2021, where Trump missed conviction by 10 votes. The following table lists federal officials who were impeached. Blue highlight indicates presidents of the United States.

Impeachment by state and territorial governments

State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon. The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well. Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth,

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Lee Cruce Lee Cruce (July 8, 1863 – January 16, 1933) was an American lawyer, banker and the second governor of Oklahoma. Losing to Charles N. Haskell in the 1907 Democratic primary election to serve as the first governor of Oklahoma, Cruce successful ...

Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...

, escaped impeachment by one vote in 1912. Several others, including

Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...

Eric Greitens Eric Robert Greitens (; born April 10, 1974) is a former American politician who was the 56th governor of Missouri from January 2017 until his resignation in June 2018 amid allegations of sexual assault and campaign finance impropriety. Born a ...

in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable. The most recent impeachment of a state governor occurred on January 14, 2009, when the

Illinois House of Representatives The Illinois House of Representatives is the lower house of the Illinois General Assembly. The body was created by the first Illinois Constitution adopted in 1818. The House under the current constitution as amended in 1980 consists of 118 re ...

voted 117–1 to impeach

Rod Blagojevich Rod Blagojevich ( , born December 10, 1956), often referred to by his nicknames "Blago" or "B-Rod", is an American former politician, political commentator, and convicted felon who served as the 40th governor of Illinois from 2003 to 2009, when ...

on corruption charges; he was subsequently removed from office and barred from holding future office by the

Illinois Senate The Illinois Senate is the upper chamber of the Illinois General Assembly, the legislative branch of the government of the State of Illinois in the United States. The body was created by the first state constitution adopted in 1818. Under the ...

on January 29. He was the eighth U.S. state governor to be removed from office. The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York a mayor is removed directly by the governor "upon being heard" on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor. In 2018, the entire

Supreme Court of Appeals of West Virginia The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts. The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 ...

was

impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

, something that has been often threatened, but had never happened before. Most states follow the same model as the United States federal government of having the lower chamber of their legislatures hold a vote to "impeach", thereby triggering an

impeachment trial An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...

held in the upper chamber of their legislatures. However, several states do differ from the convention of holding the impeachment trial in the state legislature’s upper chamber. In a reverse, in

Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...

it is the upper chamber of the legislature that votes to impeach while the lower chamber acts as the court of impeachment. In Missouri, after the lower chamber votes to impeach, an impeachment trial is held before a panel of seven judges (requiring a vote of five judges to convict). The members of the panel are selected by the upper legislative chamber, the

Missouri State Senate The Missouri Senate is the upper chamber of the Missouri General Assembly. It has 34 members, representing districts with an average population of 174,000. Its members serve four-year terms, with half the seats being up for election every two yea ...

. In

Nebraska Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the sout ...

, which has a

unicameral legislature Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...

, after the

Nebraska Legislature The Nebraska Legislature (also called the Unicameral) is the legislature of the U.S. state of Nebraska. The Legislature meets at the Nebraska State Capitol in Lincoln. With 49 members, known as "senators", the Nebraska Legislature is the sm ...

votes to impeach, an impeachment trial takes place before the

Nebraska Supreme Court The Nebraska Supreme Court is the highest court in the U.S. state of Nebraska. The court consists of a chief justice and six associate justices. Each justice is initially appointed by the governor of Nebraska; using the Missouri Plan, each jus ...

. In Oklahoma, after an impeachment vote, both chambers of the

Oklahoma Legislature The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 1 ...

act together as a court of impeachment in a

joint session A joint session or joint convention is, most broadly, when two normally separate decision-making groups meet, often in a special session or other extraordinary meeting, for a specific purpose. Most often it refers to when both houses of a bicamer ...

. In addition to all the members of its upper chamber, the

state of New York New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state ...

's Court of the Trial of Impeachments also includes all seven members of the state's highest court, the

New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by ...

Officials impeached by state and territorial governments

State governors

At least five state governors have been impeached and removed from office: *

William Sulzer William Sulzer (March 18, 1863 – November 6, 1941) was an American lawyer and politician, nicknamed Plain Bill Sulzer. He was the 39th Governor of New York and a long-serving congressman from the same state. Sulzer was the first, and to date ...

, Democratic Governor of New York; false report, perjury, and suborning perjury; convicted and removed October 1913. *

James E. Ferguson James Edward Ferguson Jr. (August 31, 1871 – September 21, 1944), known as Pa Ferguson, was an American Democratic politician and the 26th Governor of Texas, in office from 1915 to 1917. He was indicted and impeached during his second term, ...

, Democratic Governor of Texas, was impeached for misapplication of public funds and embezzlement. In July 1917, Ferguson was convicted and removed from office. * Jack C. Walton, Democratic

Governor of Oklahoma The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma executive branch, of the government of Oklahoma. The governor is the '' ex o ...

, was impeached for a variety of crimes including illegal collection of campaign funds, padding the public payroll, suspension of habeas corpus, excessive use of the pardon power, and general incompetence. In November 1923, Walton was convicted and removed from office. *

Evan Mecham Evan Mecham ( ; May 12, 1924 – February 21, 2008) was an American businessman and the 17th governor of Arizona, serving from January 5, 1987, until his impeachment conviction on April 4, 1988. A decorated veteran of World War II, Mecham was a ...

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

Governor of Arizona A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, was impeached for obstruction of justice and misusing government funds and removed from office in April 1988. *

, Democratic

Governor of Illinois The governor of Illinois is the head of government of Illinois, and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by p ...

, was impeached for abuse of power and corruption, including an attempt to sell the appointment to the

seat vacated by the resignation of

Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...

. He was removed from office in January 2009.

Impeachment by other government bodies in the United States

Other governments in the United States also utilize impeachment.

Tribal governments and other tribal organizations

Many tribal governments have impeachment, with tribes generally utilizing a similar bifurcated process to the federal government, having an impeachment vote be followed by an impeachment trial. Examples of tribal governments that have an impeachment process include the Pine Ridge Indian Reservation

Northern Cheyenne Indian Reservation The Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation ( chy, Tsėhéstáno; formerly named the Tongue River) is the federally recognized Northern Cheyenne tribe. Located in southeastern Montana, the reservation is approximately ...

Eastern Band of Cherokee Indians The Eastern Band of Cherokee Indians (EBCI), (Cherokee: ᏣᎳᎩᏱ ᏕᏣᏓᏂᎸᎩ, ''Tsalagiyi Detsadanilvgi'') is a federally recognized Indian Tribe based in Western North Carolina in the United States. They are descended from the sm ...

, and

Oglala Sioux The Oglala (pronounced , meaning "to scatter one's own" in Lakota language) are one of the seven subtribes of the Lakota people who, along with the Dakota, make up the Očhéthi Šakówiŋ (Seven Council Fires). A majority of the Oglala live o ...

. The

Iroquois The Iroquois ( or ), officially the Haudenosaunee ( meaning "people of the longhouse"), are an Iroquoian Peoples, Iroquoian-speaking Confederation#Indigenous confederations in North America, confederacy of First Nations in Canada, First Natio ...

(Haudenosaunee) Confederacy's

Great Law of Peace Among the Haudenosaunee (the "Six Nations," comprising the Mohawk, Onondaga, Oneida, Cayuga, Seneca, and Tuscarora peoples) the Great Law of Peace ( Mohawk: ''Kaianere’kó:wa''), also known as Gayanashagowa, is the oral constitution of the Ir ...

, which predates the constitution of the United States, includes what amounts to an impeachment process through which clan mothers can remove and replace a

sachem Sachems and sagamores are paramount chiefs among the Algonquians or other Native American tribes of northeastern North America, including the Iroquois. The two words are anglicizations of cognate terms (c. 1622) from different Eastern Al ...

for misdeeds. This is unique in that only a tribe's women are allowed to remove a sachem through this process. Examples of Native tribal officials that were impeached include: *Locher Harjo – impeached and removed as chief of the Lower Creeks

Muscogee The Muscogee, also known as the Mvskoke, Muscogee Creek, and the Muscogee Creek Confederacy ( in the Muscogee language), are a group of related indigenous (Native American) peoples of the Southeastern Woodlandsprincipal chief of the

Cecilia Fire Thunder Cecilia Fire Thunder (born Cecilia Apple; October 24, 1946) is a nurse, community health planner and tribal leader of the Oglala Sioux. On November 2, 2004, she was the first woman elected as president of the Tribe. She served until being impeach ...

–impeached three times in 2005 and 2006 as president of the

, removed on third impeachment *Ben Martinez – impeached as a member of the Mescalero Apache Tribal Council in 2016 * Patrick Lambert –impeached and removed in 2017 as principal chief of the

*Darla Black – impeached and removed in 2019 as vice chairwoman of the

Oglala Sioux Tribe The Oglala (pronounced , meaning "to scatter one's own" in Lakota language) are one of the seven subtribes of the Lakota people who, along with the Dakota, make up the Očhéthi Šakówiŋ (Seven Council Fires). A majority of the Oglala live o ...

*Donna Fisher –impeached and removed in 2022 as president of the

Northern Cheyenne The Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation ( chy, Tsėhéstáno; formerly named the Tongue River) is the federally recognized Northern Cheyenne tribe. Located in southeastern Montana, the reservation is approximately ...

Tribal Council

Municipal governments

Some

municipal A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...

governments allow for officials such as

mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well ...

s to be impeached.

Notes

References

Citations

Attribution

External links

An Overview of the Impeachment Process
at congressionalresearch.com
Congressional Research Service
at congressionalresearch.com
Constitution Annotated - Resources about Impeachment
* House Judiciary Committee
Constitutional Grounds for Presidential Impeachment
February 1974, and

Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...

story
September 2019

{{Impeachment in the United States