IMPEACHMENT? HOW IT WORKS

Treason, bribery, or other “high crimes and misdemeanors”: According to Article 2, Section 4 of the U.S. Constitution, these are the crimes for which a civil officer of the United States – including the U.S. president – can be impeached.

Impeachment has been on the collective minds of our country and its people, as the word has been thrown around quite a bit by our leaders in the U.S. House and Senate, of late.

On Oct. 7, in order to educate and maybe clear up some of the misconceptions surrounding the subject, MHCC instructors Janet Campbell (political science) and Pat Casey (history) led “Impeachment 101,” a midday forum that discussed the process of impeachment and the history of presidential impeachments.

The very first thing that happens before the entire U.S. House of Representatives decides on impeachment, is a House Judiciary Committee investigation. During this investigation, representatives from both parties, led by the majority party (currently the Democrats) will investigate and gather evidence for potential impeachment, creating a document called the Articles Of Impeachment.

Once the evidence is gathered, the Committee holds a vote on whether to submit the Articles to the entire House for a vote – with a simple majority vote deciding the matter.

If the House votes “Aye,” the president is considered impeached. The issue then is taken up by the U.S. Senate (where Republicans hold the majority now) as a trial. The U.S. Supreme Court Chief Justice (currently John Roberts) will preside over the Senate trial. Here, the Senate will hold a vote on whether the impeached person is guilty, or is acquitted of the charges against them. A guilty vote passes only with a two-thirds majority – 67 or more votes in favor.

If this vote passes, the person is removed from their public office, but has not yet been criminally convicted. There would have to be a criminal trial to put anyone in jail after the impeachment proceedings.

In U.S. history, three presidents have had an impeachment inquiry started against them: Andrew Johnson, Richard Nixon, and Bill Clinton. 

Accused of violating The Tenure Of Office Act, Andrew Johnson was impeached, but not convicted by the Senate in 1868, in a 35-19 vote that fell just one vote shy of a guilty ruling.

Accused of Obstruction Of Justice and Abuse Of Power, Richard Nixon resigned in 1974 before impeachment proceedings could proceed past the House Judiciary Committee.

Finally, accused of Lying Under Oath and Obstruction Of Justice, Bill Clinton, like Johnson, survived after a Senate vote did not reach the necessary two-thirds majority in 1999.