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Impeachment in the United States

In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government.

The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the United States Senate, which can vote by a 2/3 majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office.


Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution. A number of organized United States territories do as well. Additionally, impeachment is a practice of other government bodies, such as tribal governments.


Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president of the United States is constitutionally precluded from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial.

First, the House investigates through an impeachment inquiry.

Second, the must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".

House of Representatives

Third, the tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States. Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a majority of senators present.[11][12][13]

Senate

Locher Harjo – impeached and removed in 1876 as chief of the Lower Creeks [46][47]

Muscogee

Johnathan L. "Ed" Taylor –impeached and removed in 1995 as of the Eastern Band of Cherokee Indians[48][49]

principal chief

–impeached three times in 2005 and 2006 as president of the Oglala Sioux, removed on third impeachment[50][51]

Cecilia Fire Thunder

– impeached and removed in 2014 as chief of the Osage Nation[52]

John Red Eagle

Ben Martinez – impeached in 2016 as a member of the Tribal Council[53]

Mescalero Apache

–impeached and removed in 2017 as principal chief of the Eastern Band of Cherokee Indians[48][54]

Patrick Lambert

Darla Black – impeached and removed in 2019 as vice chairwoman of the [55][56]

Oglala Sioux Tribe

Joe Brunch –impeached in 2020 as chief of the [57]

United Keetoowah Band of Cherokee Indians

Donna Fisher –impeached and removed in 2022 as president of the Tribal Council[58]

Northern Cheyenne

Censure in the United States

Recall election

(1999). Impeachment: The Constitutional Problems. Harvard University Press. ISBN 9780674444782.

Berger, Raoul

Black, Charles L.; Bobbitt, Philip (2018). Impeachment: A Handbook. Yale University Press.  9780300238266.

ISBN

(2017), The Case for Impeachment, Dey Street Books, ISBN 978-0062696823

Lichtman, Allan J.

(2017). Impeachment: A Citizen's Guide. Harvard University Press. ISBN 9780674983793.

Sunstein, Cass R.

at congressionalresearch.com

An Overview of the Impeachment Process

at congressionalresearch.com

Congressional Research Service

Archived February 18, 2020, at the Wayback Machine

Constitution Annotated - Resources about Impeachment

House Judiciary Committee, , February 1974, and Politico story, September 2019

Constitutional Grounds for Presidential Impeachment

U.S. Senate : Impeachment