Tom Krannawitter
There seems to be much confusion over what "high crimes & misdemeanors" and "impeachment" mean. So here's a quick guide. Feel free to share with others:
To "impeach" means to call into question someone's character, intelligence, or virtue, as in: "Jane's record of achievement is stellar and her character is unimpeachable."
Constitutionally, a majority vote in the House of Representatives to impeach a member of the government means a question has been raised, formally, as to whether that member should remain in the government.
A two-thirds vote in the Senate convicts the member, after being
impeached by the House of Representative, and he/she is removed from
government office and disqualified from holding any future government
office.
There are three key Constitutional clauses related to the impeachment process and power:
ARTICLE I, SECTION 2 states that the House of Representatives shall have the sole power of impeachment.
ARTICLE I, SECTION 3 states that the Senate shall have sole power to try all cases of impeachment. It also states that, "When sitting for that purpose, [Senators] shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
"Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."
ARTICLE II, SECTION 4 makes clear that "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."
The Constitution nowhere defines "high crimes and misdemeanors." Impeachment is NOT the reserve of lawyerly expertise. It matters not one whit what any lawyer, judge, law professor, or bureaucrat thinks "high crimes and misdemeanors" means or doesn't mean.
Impeachment IS a purely political process by which elected members of the national government may remove from the national government someone they don't want to be there.
Bottom line: If a majority of Representatives vote to impeach a member of the government—for any reason or no reason at all—he or she has been impeached. Period.
If two-thirds of the Senators present vote to convict that member of the government—for any reason or no reason at all—he or she is convicted, removed from office, and disqualified from holding any government office in the future. Period.
If you have read this far, you now know more about the Constitutional process of impeachment than 98% or so of United States citizens. Congratulations. Raise your glass and offer a toast in honor of yourself.
There are three key Constitutional clauses related to the impeachment process and power:
ARTICLE I, SECTION 2 states that the House of Representatives shall have the sole power of impeachment.
ARTICLE I, SECTION 3 states that the Senate shall have sole power to try all cases of impeachment. It also states that, "When sitting for that purpose, [Senators] shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.
"Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law."
ARTICLE II, SECTION 4 makes clear that "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."
The Constitution nowhere defines "high crimes and misdemeanors." Impeachment is NOT the reserve of lawyerly expertise. It matters not one whit what any lawyer, judge, law professor, or bureaucrat thinks "high crimes and misdemeanors" means or doesn't mean.
Impeachment IS a purely political process by which elected members of the national government may remove from the national government someone they don't want to be there.
Bottom line: If a majority of Representatives vote to impeach a member of the government—for any reason or no reason at all—he or she has been impeached. Period.
If two-thirds of the Senators present vote to convict that member of the government—for any reason or no reason at all—he or she is convicted, removed from office, and disqualified from holding any government office in the future. Period.
If you have read this far, you now know more about the Constitutional process of impeachment than 98% or so of United States citizens. Congratulations. Raise your glass and offer a toast in honor of yourself.
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