On this screen, we are going beyond what the Constitution says, to what it doesn't say but needs to. In the top section of text, I attempt to explain impeachment in terms of a typical judicial process.
In the bottom section, I attempt to answer the questions that are left unanswered by the Constitution itself. Included at the bottom is a reference to a set of court holdings that put in question the whole concept of impeachment. I have provided an additional More button to go into that one subject in depth.
The Legislature - Impeachment(Cont.)
Impeachment is a process, created by the Constitution or other law, by which an official is removed from office. In our Constitution, the process allows the legislative branch, House and Senate, to remove officers in the executive branch, President and cabinet. In our system, the House is responsible for bringing the charges. In other words, they make the accusation. Proceedurally, this is just like bringing any other bill for voting. A majority is sufficient. But that is all the house can do. They act like the district attorney in a local trial. The Senate is responsible both for presenting evidence, and voting whether or not to convict. They act like both the prosecutor and the jury. A 2/3 vote is necessary to convict, and if convicted the impeached person is removed from office and barred for life from holding any other federal office.
Who presides when it is not the President being tried?
The presiding officer of the Senate, usually the Vice President
Can a judge be impeached?
Article II says "civil Officer", and Article III says nothing.
However, Federal Judges HAVE been impeached. Claiborne 1986
Can impeachment be appealed?
No. per Nixon v. United States, 506 U.S. 224 (1993)
Can a cabinet member be impeached?
Yes. Alejandro Mayorkas 2024
Are there any future impediments to using impeachment?
Yes. Seperation of Powers doctrine invented by Court, and
Bowsher v. Synar, 478 U.S. 714 (1986)