Also known as:presidential impeachment · impeach the President · impeaching a President · impeachment
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional process in which the House of Representatives charges the President with treason, bribery, or other high crimes and misdemeanors. The Senate then conducts a trial and may remove the President from office upon a two-thirds vote of the members present.
Sources & Authorities
How it applies
Common Examples
6
Pardon Attempt During Impeachment
President Ibrahim Iqbal faces articles of impeachment in the House for alleged bribery. While proceedings are pending, he attempts to pardon a co-conspirator. The constitutional exception prevents the pardon from taking effect because the offense is tied directly to the impeachment charges.
Civil Suit After Impeachment
After the House impeaches President Irene Ingalls, a civil plaintiff sues for damages arising from the same conduct. The plaintiff seeks discovery of White House records that the President claims are privileged, arguing the impeachment record already establishes the underlying facts.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Restatements
Casebooks
During the Senate trial of President Isaac Irving, evidence shows that after the alleged misconduct the executive branch adopted new ethics protocols. The evidence is offered to show the President's prior awareness that existing rules were inadequate to prevent the charged conduct.
Senate Committee Evidence Delegation
The Senate appoints a small committee to gather testimony in the impeachment trial of President Idris Ives. When the full Senate later reviews the committee record and votes on conviction, the procedures are challenged in court as violating due process.
Judicial Challenge to Impeachment Procedures
After the Senate convicts President Iris Irons, she files suit claiming that the trial procedures violated Article III. The court dismisses the case because the Constitution commits the trial of impeachments exclusively to the Senate.
Document Disclosure After Impeachment
In a civil action stemming from conduct that led to the impeachment of President Ismael Ibrahim, the disclosing party describes categories of internal White House emails. The description notes that certain emails will be used to establish the President's knowledge of the misconduct underlying the articles.
Common questions
Frequently Asked
4
What standard must conduct meet to qualify as impeachable?+
The Constitution limits impeachment to treason, bribery, or other high crimes and misdemeanors. This requires serious offenses against the constitutional system rather than routine policy disagreements or political disputes.
Supporting sources
Which body initiates impeachment charges against the President?+
The House of Representatives holds the sole power to impeach. The Senate then holds the sole power to try the charges and may convict by a two-thirds vote.
Supporting sources
Are Senate impeachment trial procedures subject to judicial review?+
No. The Constitution textually commits the sole power to try all impeachments to the Senate, making challenges to its procedures nonjusticiable political questions.
Supporting sources
Can a President pardon someone facing impeachment charges?+
No. The pardon power expressly excludes cases of impeachment, so a pardon cannot shield a person from removal or related consequences arising from impeachment proceedings.
Supporting sources
462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317Legislation and Regulation
…the power to initiate impeachments. Art. I, § 2, cl. 5; (b) The Senate alone was given the power to conduct trials following impeachment on charges initiated by the House and to convict following trial. Art. I, § 3, cl. 6; (c) The Senate alone was given final unreviewable power to approve or to disapprove Presidential…