How does impeachment work? - Alex Gendler

Summary

The script explains the impeachment process, a mechanism for holding powerful officials accountable. Originating in the UK, it allows legislative bodies to remove officials without monarch consent. In the US, it's a congressional power applicable to all civil officers, including the president. The process involves the House initiating with a committee review, followed by a vote on Articles of Impeachment. If impeached, a Senate trial ensues, with a two-thirds majority needed for conviction and removal. Grounds for impeachment include 'high crimes and misdemeanors,' though interpretations vary. Historically, few presidents have faced impeachment, with none removed from office by this process.

Takeaways

• ⚖️ Impeachment is a process used to hold high-ranking officials accountable for crimes or misconduct.
• 🇬🇧 Impeachment originated in the UK as a way to remove government officials without the king's consent.
• 🌐 In the US, impeachment is a power granted to Congress to check presidential power.
• 🏢 The House of Representatives initiates impeachment by referring the matter to specific committees.
• 📝 Committees review accusations, examine evidence, and issue recommendations for impeachment.
• 🗳️ The House votes on Articles of Impeachment; if passed, the official is impeached and a trial is set.
• 🏛️ The Senate conducts the impeachment trial, with the impeached official and their lawyers presenting their defense.
• 👨‍⚖️ The Chief Justice of the Supreme Court presides over trials involving the president or vice president.
• 🔢 A two-thirds majority is required in the Senate for conviction, resulting in removal from office.
• 🚫 Impeachment can disqualify officials from future office and expose them to criminal prosecution.
• 🔍 The Constitution limits impeachable offenses to 'treason, bribery, or other high crimes and misdemeanors'.

Q & A

What is impeachment?

Impeachment is a formal accusation that launches a trial which could end in conviction or acquittal. It is not the same as removing someone from office.

Where did the concept of impeachment originate?

The concept of impeachment originated in the United Kingdom, allowing Parliament to vote for removing a government official from office.

Why couldn't the king be impeached in the UK?

The king couldn't be impeached because the monarch was considered the source of all government power.

How does impeachment work in the United States?

In the United States, impeachment is a power of Congress, applying to any civil officers, including the president.

Which body of Congress has the power to initiate impeachment?

The House of Representatives has the power to initiate the impeachment process.

What happens after the House of Representatives initiates impeachment?

The House refers the matter to a committee, which reviews the accusations, examines the evidence, and issues a recommendation.

What are Articles of Impeachment?

Articles of Impeachment are specific charges voted on by the House of Representatives if there are sufficient grounds to proceed.

Where is the trial following impeachment held?

The actual trial following impeachment is held in the Senate.

What is required for a conviction in an impeachment trial?

A conviction requires a supermajority of two-thirds of the Senate's vote.

What are the grounds for impeachment according to the U.S. Constitution?

An official can be impeached for treason, bribery, or other high crimes and misdemeanors.

How many times has the House launched impeachment investigations?

The House has launched impeachment investigations about 60 times.

How many impeachment cases have resulted in conviction and removal from office?

Eight cases have ended in conviction and removal from office, all of which were federal judges.

What happened to Richard Nixon in relation to impeachment?

Richard Nixon was never actually impeached for the Watergate scandal; he resigned before it could happen.

Outlines

00:00

🏛️ Impeachment Explained

This paragraph discusses the concept of impeachment, which is a formal accusation that can lead to a trial resulting in conviction or acquittal. Originating in the UK, it allowed Parliament to remove government officials without the king's consent. The US adopted impeachment as a congressional power applicable to all civil officers, including the president. The process is initiated by the House of Representatives after a review by specific committees. If charges, known as Articles of Impeachment, pass by a simple majority, the official is impeached and a Senate trial follows. The Senate acts as both judge and jury, and a two-thirds majority is required for conviction, which leads to removal from office and potential disqualification from future office holding. The grounds for impeachment in the US are limited to 'treason, bribery, or other high crimes and misdemeanors', which can be subject to interpretation and political influence.

Keywords

💡Impeachment

Impeachment is the process by which a legislative body levels charges against a government official, such as the President or a Judge, for alleged misconduct. In the context of the video, impeachment is highlighted as a crucial check on power, allowing Congress to initiate proceedings against any civil officer, including the President, for 'high crimes and misdemeanors'. The script explains that impeachment itself does not remove an official from office but sets the stage for a trial where the official can be convicted or acquitted.

💡Indictment

An indictment is a formal charge or accusation of a serious crime, originating from a grand jury. The video script uses indictment as an analogy to explain impeachment, noting that both are formal accusations that precede a trial. In the case of impeachment, it is the formal accusation that leads to a trial in the Senate, where the official can be convicted or acquitted.

💡Parliament

Parliament refers to a legislative body, typically found in countries with a parliamentary system of government. The script mentions that impeachment originated in the United Kingdom, where Parliament could vote to remove a government official from office without the king's consent, illustrating the historical roots of impeachment as a check on power.

💡High Crimes and Misdemeanors

High crimes and misdemeanors are the grounds for impeachment as specified in the U.S. Constitution. The video explains that these are serious offenses that can lead to impeachment, but the phrase is broad and open to interpretation. It is used in the script to discuss the limits of impeachment, noting that it is not to be used as a political weapon but reserved for serious abuses of power.

💡House of Representatives

The House of Representatives is the lower house of the United States Congress and has the sole power to initiate impeachment proceedings. The script describes how the process begins with a referral to a committee within the House, which then reviews the accusations and evidence before issuing a recommendation. If the committee finds sufficient grounds, the House votes on specific charges known as Articles of Impeachment.

💡Articles of Impeachment

Articles of Impeachment are the formal charges against an official who is being impeached. The video script explains that if the House Committee on the Judiciary finds sufficient grounds, the House of Representatives holds a separate vote on each specific charge, which are the Articles of Impeachment. If one or more pass by a simple majority, the official is impeached.

💡Senate

The Senate is the upper house of the United States Congress and is responsible for conducting the trial following impeachment. The script outlines that after impeachment by the House, the Senate holds the trial where the official is either convicted or acquitted. The Senate acts as both judge and jury in this process.

💡Chief Justice

The Chief Justice of the Supreme Court presides over impeachment trials of the President or Vice President, as mentioned in the script. This role is significant as it places the highest judicial officer in a position of authority over a political trial, reflecting the balance of power within the U.S. government.

💡Conviction

Conviction in the context of impeachment refers to the outcome of a trial where the accused official is found guilty. The video script explains that a conviction requires a supermajority of two-thirds in the Senate and results in the official's automatic removal from power. It also notes that conviction can lead to disqualification from future office and potential criminal prosecution.

💡Checks and Balances

Checks and balances refer to the system of preventing abuse of power by distributing powers among different branches of government. The script mentions that the U.S. government is designed with checks and balances to prevent abuses of power, with impeachment serving as an 'emergency brake' when these safeguards fail.

💡Andrew Johnson

Andrew Johnson was the 17th President of the United States and is mentioned in the script as one of the few officials to be impeached. His impeachment in 1868 was for attempting to replace the Secretary of War without consulting the Senate. Johnson's case illustrates the use of impeachment as a means to hold high-ranking officials accountable for their actions.

Highlights

Impeachment is a formal accusation that can lead to the trial of high-ranking officials.

Impeachment does not automatically remove someone from office; it initiates a trial that could result in conviction or acquittal.

The origin of impeachment comes from the United Kingdom, where it was used to check royal power.

In the U.S., impeachment is a power of Congress, applicable to any civil officer, including the president.

The House of Representatives has the sole power to initiate the impeachment process.

Committees such as the House Committee on Rules and the House Committee on the Judiciary review accusations and evidence in impeachment cases.

If sufficient grounds are found, the House votes on specific charges known as Articles of Impeachment.

An official is considered impeached if one or more Articles of Impeachment pass by a simple majority in the House.

The trial following impeachment is held in the Senate, with the Senate acting as both judge and jury.

If the president or vice president is impeached, the chief justice of the Supreme Court presides over the trial.

A conviction in an impeachment trial requires a supermajority of two-thirds.

Conviction results in automatic removal from power and can disqualify the individual from future office holding.

An official can only be impeached for 'treason, bribery, or other high crimes and misdemeanors' as specified by the U.S. Constitution.

Impeachment is generally reserved for serious abuses of power and is not to be used as a political weapon.

The first official to be impeached was Tennessee Senator William Blount in 1797 for conspiring with Britain.

Out of about 60 impeachment investigations, only 19 have led to actual impeachment proceedings.

All eight convictions in impeachment trials have been federal judges.

Impeachment of a sitting president is rare; only Andrew Johnson and Bill Clinton have faced it.

Both Andrew Johnson and Bill Clinton were acquitted by the Senate, falling short of the required two-thirds majority to convict.

Richard Nixon resigned before he could be impeached for the Watergate scandal.

Impeachment is seen as an emergency brake in the U.S. government's system of checks and balances.

Transcripts

For most jobs, it's understood that you can be fired,

whether for crime,

incompetence,

or just poor performance.

But what if your job happens to be the most powerful position in the country,

or the world?

That's where impeachment comes in.

Impeachment isn't the same as actually removing someone from office.

Like an indictment in criminal court,

it's only the formal accusation that launches a trial,

which could end in conviction or acquittal.

Originating in the United Kingdom,

impeachment allowed Parliament to vote for removing a government official from office

even without the king's consent.

Although this was an important check on royal power,

the king couldn't be impeached

because the monarch was considered the source of all government power.

But for the founders of the American Republic,

there was no higher authority beyond the people themselves.

And so impeachment was adopted in the United States as a power of Congress

applying to any civil officers, up to and including the president.

Although demands for impeachment can come from any members of the public,

only the House of Representatives has the power to actually initiate the process.

It begins by referring the matter to a committee,

usually the House Committee on Rules

and the House Committee on the Judiciary.

These committees review the accusations,

examine the evidence,

and issue a recommendation.

If they find sufficient grounds to proceed,

the House holds a separate vote on each of the specific charges,

known as Articles of Impeachment.

If one or more passes by a simple majority,

the official is impeached and the stage is set for trial.

The actual trial that follows impeachment is held in the Senate.

Selected members of the House, known as managers, act as the prosecution,

while the impeached official and their lawyers present their defense.

The Senate acts as both judge and jury,

conducting the trial and deliberating after hearing all the arguments.

If it's the president or vice president being impeached,

the chief justice of the Supreme Court presides.

A conviction requires a supermajority of two-thirds

and results in automatic removal from power.

Depending on the original charges,

it can also disqualify them from holding office in the future

and open them to standard criminal prosecution.

So what exactly can get someone impeached?

That's a bit more complicated.

Unlike in the United Kingdom,

impeachment in the U.S. pits an elected legislature

against other democratically elected members of government.

Therefore, to prevent the process from being used as a political weapon,

the Constitution specifies that an official can only be impeached

for treason,

bribery,

or other high crimes and misdemeanors.

That still leaves a lot of room for interpretation,

not to mention politics,

and many impeachment trials have split along partisan lines.

But the process is generally understood to be reserved for serious abuses of power.

The first official to be impeached was Tennesse Senator William Blount in 1797

for conspiring with Britain to cease the Spanish colony of Louisiana.

Since then, the House has launched impeachment investigations about 60 times,

but only 19 have led to actual impeachment proceedings.

The eight cases that ended in a conviction and removal from office

were all federal judges.

And impeachment of a sitting president is even more rare.

Andrew Johnson was impeached in 1868

for attempting to replace Secretary of War Edwin Stanton

without consulting the Senate.

Over a century later, Bill Clinton was impeached

for making false statements under oath during a sexual harassment trial.

Both were ultimately acquitted when the Senate's votes to convict

fell short of the required two-thirds majority.

And contrary to popular belief,

Richard Nixon was never actually impeached for the Watergate scandal.

He resigned before it could happen

knowing he would almost certainly be convicted.

Theoretically, the U.S. government is already designed

to prevent abuses of power,

limiting different branches through a system of checks and balances,

term limits,

and free elections.

But impeachment can be seen as an emergency brake

for when these safeguards fail.