Also known as:high crimes · high crimes and misdemeanors
Written by attorneys · grounded in primary & secondary sources — see below
An impeachable offense consisting of treason, bribery, or other grave misconduct involving abuse of public office or betrayal of public trust by the President, Vice President, or civil officers of the United States.
Sources & Authorities· 1 source
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Dictionaries
How it applies
Common Examples
6
Presidential Direction to Halt Investigation
President Henry Hoffman instructed the Attorney General to terminate a federal probe into a law firm that had arranged lobbying payments supporting his reelection. The Attorney General publicly cited resource limits as the reason for the decision. A House committee then opened hearings to determine whether the directive amounted to an impeachable offense.
Retaliatory Firing of Oversight Staff
President Hyun Han ordered a personnel official to dismiss career investigators examining irregularities in his travel reimbursements. A whistleblower revealed the directive to Congress after the firings occurred. House members considered whether the retaliation constituted grounds for removal proceedings.
Richard Nixon v. A. Ernest Fitzgerald457 U.S. 731 (1982)
Suspicionless Search Policy Dispute
President Hazel Hoffman directed federal agencies to expand suspicionless searches of parolees in high-crime districts without individualized suspicion. Critics argued the policy exceeded executive authority and involved misuse of office. Congress evaluated whether the directive rose to the level of an impeachable offense.
Samson v. California547 U.S. 843 (2006)
Juvenile Court Procedure Changes
President Hope Howard pressured the Justice Department to alter juvenile court procedures nationwide to reduce reported recidivism rates. The changes bypassed established constitutional safeguards for minors. Legislators examined whether the pressure constituted an abuse warranting impeachment consideration.
In re Gault387 U.S. 1, 13, 87 S.Ct. 1428, 1436, 18 L.Ed.2d 527 (1967)
Obscenity Regulation Directive
President Hana Huang instructed the Attorney General to pursue prosecutions against publishers distributing materials previously deemed protected. The directive targeted specific outlets critical of the administration. A House committee assessed whether the selective enforcement qualified as serious misconduct.
Roth v. United States; Alberts v. California354 U.S. 476, 77 S. Ct. 1304, 1 L. Ed. 2d 1498 (1957)
Stop-and-Frisk Expansion Order
President Hana Hashimoto directed federal law enforcement to intensify stops in designated urban areas based solely on location. Opponents claimed the order reflected an improper use of authority for political ends. Members of Congress initiated review to decide if the policy met the threshold for impeachment articles.
Illinois v. Wardlow528 U.S. 119 (2000)
Common questions
Frequently Asked
5
What conduct qualifies as a high crime or misdemeanor under the constitutional removal standard?+
The Constitution limits removal to treason, bribery, or other high crimes and misdemeanors. These terms reach serious abuses of official power and betrayals of public trust rather than policy disagreements or minor errors. Congress determines whether particular facts meet this standard through the impeachment process.
Supporting sources
Does directing an attorney general to halt an investigation for political reasons constitute a high crime or misdemeanor?+
Such conduct can qualify if it amounts to an abuse of office that betrays public trust. The Constitution permits impeachment and conviction for serious self-dealing or obstruction of enforcement. Congress retains the political judgment whether the facts rise to that level.
Supporting sources
Can Congress remove a president by means other than impeachment and conviction for high crimes and misdemeanors?+
No other constitutional mechanism exists for involuntary removal of a sitting president for misconduct. A joint resolution, statute, or simple majority vote cannot substitute for the required House impeachment followed by Senate conviction. The text fixes both the grounds and the procedure.
Supporting sources
Is unanimous agreement in both houses required before removal for a high crime or misdemeanor?+
The Constitution requires only a House majority to impeach and a two-thirds Senate vote to convict. Unanimity is not necessary. Bribery is one listed ground, but other serious abuses of power also suffice.
Supporting sources
Does the impeachment standard cover only conduct unrelated to official duties?+
The standard focuses on misuse of public power, which ordinarily involves official duties. Conduct tied to official authority, such as directing enforcement decisions for personal gain, falls within the category the clause addresses.
Supporting sources
High Crimes and Misdemeanors
, § 20 (1797), 1 Laws of Vt. 332, 339 (Tolman 1808); Act, for the Punishment of Certain Inferior
Crimes
and
Misdemeanors
, § 20 (1797), 1 Laws of Vt. 352, 361 (Tolman 1808); Act for the…
rates among juveniles to which we have referred, could not lead us to conclude that the absence of constitutional protections reduces
crime
, or that the juvenile system, functioning free of…
rates were grounds enough for disposing of Fourth Amendment protections, the Amendment long ago would have become a dead letter. [^disA-7]: As the Court observes, see ante , at 856, n. 5,…
against people of the United States and of its allies and dependencies, particularly the Philippines; and he . . . thereby violated the laws of war." Bills of particulars, filed by the…
Constitutional LawThe separation of powers · Federal interbranch relationshipsUBEIntermediate