Also known as: high crime and misdemeanor · impeachable offenses
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional standard authorizing removal of the President, Vice President, and civil officers upon impeachment and conviction for treason, bribery, or other serious abuses of official power that betray the public trust.
President Martin privately assured the CEO of Horizon Communications that appointing the company's executive to lead the Federal Communications Authority would follow if the network reduced critical reporting on the administration. The arrangement surfaced in a congressional probe. The House considered articles charging that the conditional appointment constituted bribery or another high crime or misdemeanor warranting removal.
Congress enacted a statute directing the Comptroller General to calculate automatic spending cuts and requiring the President to implement them without alteration. The Court held that Congress could not assign executive functions to an officer removable only by joint resolution. Congress may remove an executive officer only through impeachment for high crimes and misdemeanors.
Select any source to read its text and confirm it supports the definition.
A former presidential aide sued the President for damages arising from an alleged conspiracy to terminate his employment in retaliation for congressional testimony. The Court recognized that impeachment supplies the constitutional mechanism for addressing high crimes and misdemeanors committed in office, distinct from private civil remedies that remain available after the term ends.
A postmaster appointed by the President with Senate confirmation was removed by the Postmaster General acting under a statute requiring Senate concurrence. The Court ruled that the statute unconstitutionally restricted the President's removal authority. The Constitution permits Congress to remove civil officers only by impeachment for high crimes and misdemeanors.
A federal district judge convicted of bribery refused to resign and continued receiving salary while incarcerated. The House impeached him on articles alleging false testimony and bringing disrepute on the judiciary. The Senate used a committee to receive evidence under its impeachment rules. The Court held that the Senate alone determines the procedures for trying high crimes and misdemeanors.
A private citizen sued the President for damages based on alleged sexual harassment that occurred before he took office. The Court rejected any claim of temporary immunity from civil suit. The Constitution addresses accountability for official misconduct through impeachment for high crimes and misdemeanors, leaving pre-office private conduct subject to ordinary judicial process.
No. The Constitution authorizes removal upon impeachment and conviction for treason, bribery, or other high crimes and misdemeanors without requiring a prior judicial finding of criminal guilt. Congress itself determines whether the conduct meets the constitutional standard.
Supporting sources
No. The Constitution provides the exclusive mechanism of impeachment by the House followed by conviction in the Senate for high crimes and misdemeanors. No other procedure authorizes removal for misconduct.
Supporting sources
Yes. Offering an official appointment in exchange for arranged financial support constitutes bribery or another high crime or misdemeanor because it corrupts the appointment power for personal political gain.
Supporting sources
The phrase reaches serious abuses of official power and corrupt uses of the office that betray the public trust, including but not limited to violations of criminal statutes.
Supporting sources
…to the courts of law. If he commits crimes against the state, he may be indicted and punished. Impeachment only extends to high crimes and misdemeanors in a public office . It is a mode of trial pointed out for great misdemeanors against the public." Governor Johnson surely did not contemplate that the availability of an impeachment…