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February 8, 2017
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How can a President be impeached?

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To impeach a public official is to charge that person with misconduct while in office. It can happen to both state and federal officials. When it comes to the President of the United States, the process is the responsibility of Congress. That means the House of Representatives has the sole power under the Constitution, Article II, Section 4 to bring charges against the President. The charges are called Articles of Impeachment and are based on this statement in the Constitution:

“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.”

Once the House drafts the Articles of Impeachment (the same as a complaint or indictment in criminal law), they are sent to the U.S. Senate which acts as the trial court on the charges. The Chief Justice of the Supreme Court presides over the trial. Witnesses are called and are subject to cross-examination. The full Senate (100 members) acts as the jury, while members from the House of Representatives are the prosecutors.The Constitution calls for a two-thirds vote of the Senate for conviction. Once convicted, the Senate holds a separate vote to remove the President from office.

On a historical note, there have been two Presidents in our history that were impeached by the House of Representatives: Andrew Johnson in 1868, and Bill Clinton in 1998. Both were acquitted following trial in the Senate. Richard Nixon was being considered for impeachment by the House when he resigned the Presidency in 1974.

Photo by Laura Padgett

 

 

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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