Impeachment joins the presidency and the powers of Congress: it is Congress's ultimate check on the executive and the judiciary. It has two steps, in two houses.
- The House impeaches: by a simple majority it adopts articles of impeachment, formal charges, for "Treason, Bribery, or other high Crimes and Misdemeanors" (Article II, Section 4).
- The Senate tries: senators sit as judges and jurors; the Chief Justice presides when the President is tried; conviction takes two-thirds of senators present.
- On conviction: removal from office, and the Senate may also bar the person from future office. Criminal charges, if any, are separate.
Why it works
Why split accusing from judging? It mirrors a criminal case: a grand jury charges, a trial court decides. Hamilton explained in Federalist No. 65 that impeachments are political, touching "injuries done immediately to the society itself," so they need a tribunal both dignified and independent; he chose the Senate. The two-thirds rule makes removal rare: in 1868 the Senate fell one vote short of convicting Andrew Johnson. The Senate has convicted eight officials, all federal judges. What counts as "high Crimes and Misdemeanors" has always been debated; scholars agree it can include serious abuses of office that are not crimes, and disagree about where the line is. The Court held in Nixon v. United States (1993) that how the Senate tries an impeachment is a political question courts will not review.
Key idea
The House may impeach (formally accuse) by majority vote; the Senate tries the case, and conviction takes two-thirds. Andrew Johnson (1868), Bill Clinton (1998) and Donald Trump (2019) were impeached and acquitted; Richard Nixon resigned (1974) before a House vote.
Worked example: Count the Senate votes
In a trial with all 100 senators present, 50 vote "guilty" and 50 "not guilty." What is the outcome?
- Conviction needs two-thirds of senators present: 67 of 100.
- 50 is seventeen short.
Answer: Acquittal (as on the obstruction article against Bill Clinton in February 1999).
Worked example: Impeached, removed, or neither?
Was Bill Clinton removed from office?
- The House impeached him in December 1998.
- The Senate acquitted him in February 1999, so he stayed in office and finished his term.
Answer: No: impeached, but acquitted, so not removed.
Common mistake
Thinking "impeached" means "removed." Impeachment is the charge (by the House); removal requires conviction by two-thirds of the Senate. Three Presidents have been impeached, and none has been removed. Check: ask what the Senate did.