Also known as: civil Officer of the United States · civil officers · U.S. civil officers
Written by attorneys · grounded in primary & secondary sources — see below
Officials appointed or employed by the federal government who exercise significant authority under the laws of the United States. Such officials are subject to removal from office upon impeachment by the House and conviction by the Senate for treason, bribery, or other high crimes and misdemeanors.
President Carter instructed his Secretary of Energy to award federal leases to a company in which Carter held a secret interest. Congress investigated the self-dealing and opened impeachment proceedings against Carter. The proceedings targeted Carter because he qualifies as a civil officer subject to removal under the constitutional standard.
President Wilson removed a first-class postmaster without Senate consent. The postmaster sued for salary. The dispute turned on whether the postmaster held a position that made him a civil officer removable only through the impeachment process or by other means.
Select any source to read its text and confirm it supports the definition.
President Roosevelt attempted to remove an FTC commissioner for policy disagreements. The commissioner challenged the removal. The case examined whether the commissioner was a civil officer whose removal was limited to impeachment or whether Congress could restrict at-will removal.
An independent counsel investigated a high-ranking executive-branch lawyer. The lawyer moved to quash the investigation. The motion raised whether the lawyer was a civil officer whose conduct could trigger impeachment or whether the independent-counsel statute altered removal rules.
A civilian was tried by military commission during wartime. The civilian petitioned for habeas relief. The petition tested whether the civilian was a civil officer subject to ordinary impeachment procedures or whether military jurisdiction could bypass those protections.
A state indicted a federal revenue collector for conduct in office. The collector sought removal of the case to federal court. The removal turned on whether the collector was a civil officer of the United States entitled to federal-court protection from state proceedings.
The Constitution identifies the President, Vice President, and all civil officers of the United States as subject to removal by impeachment and conviction. Cabinet secretaries and other principal officers who exercise significant federal authority fall within this category.
No. The Constitution provides impeachment by the House and conviction by the Senate as the exclusive mechanism for removing a sitting President for misconduct. Other procedures such as recall elections or joint resolutions have no constitutional basis.
The constitutional text addresses sitting officers. Whether former Presidents or other former civil officers remain subject to impeachment after leaving office is a question left unresolved by the text itself.
The standard reaches corrupt exchanges of official acts for private or political gain as well as serious abuses of power that betray public trust. Explicit quid pro quo offers of appointments or regulatory favors in return for campaign support or favorable coverage have been treated as fitting within this category.
…some dicta in Myers ,[^maj-24] the President's power to remove Government officials simply was not "all-inclusive in respect of civil officers with the exception of the judiciary provided for by the Constitution." 295 U. S., at 629. At least in regard to "quasi-legislative" and "quasi-judicial" agencies such as the FTC,[^maj-25]…