Impeachment
Explained
What it is, how it works, who it's happened to, and why being impeached doesn't mean being removed from office.
What Is Impeachment?
Impeachment is the process the Constitution gives Congress to formally charge, and potentially remove, a president, vice president, or other federal official who has committed serious wrongdoing. Think of it as the government's built-in accountability system for its own leaders.
Here's the most important thing to understand right away: impeachment and removal are two completely separate things. Being impeached just means being formally charged. You can be impeached and stay in office. In fact, every president who has ever been impeached stayed in office, because impeachment is just step one of a much longer process.
Impeachment = Being Charged
The House of Representatives formally accuses an official of wrongdoing. Like being indicted by a grand jury, it starts the process but doesn't decide the outcome. The official stays in their job.
Removal = Being Convicted
The Senate holds a trial and votes to convict. Only if two-thirds of the Senate votes guilty is the person actually removed from office. This has never happened to a US president.
What the Constitution Says
The Constitution, the source of impeachment power (Public Domain)
Impeachment is one of the Constitution's most important checks on power. It's the main way the legislative branch can hold the executive and judicial branches accountable. The founders included it specifically because they feared corrupt or tyrannical leaders, and wanted a way to remove them that didn't require a revolution.
The rules are spread across three different sections of the Constitution, each covering a different part of the process.
Article I, Section 2
"The House of Representatives... shall have the sole Power of Impeachment."
Article I, Section 3
"The Senate shall have the sole Power to try all Impeachments... And no Person shall be convicted without the Concurrence of two thirds of the Members present."
Article II, Section 4
"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
In plain English: Only the House can start impeachment. Only the Senate can hold the trial and convict. You need two-thirds of the Senate to remove someone. The grounds are treason, bribery, or "high crimes and misdemeanors", a deliberately vague phrase.
What Are "High Crimes and Misdemeanors"?
This is the big question, and the Constitution never answers it. "High crimes and misdemeanors" is one of the most debated phrases in American law. It doesn't mean what it sounds like. It doesn't necessarily mean felonies or criminal acts at all.
The phrase comes from British parliamentary law, where it meant serious abuses of power by public officials, things that violated the public trust, even if they weren't technically illegal. The founders borrowed it deliberately because they wanted flexibility.
The Famous Quote on This
"An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history."
, Gerald Ford, 1970, then a House Minority Leader (before becoming President)
Ford's point was blunt but largely accurate, Congress decides what counts. In practice, impeachable conduct has included:
Who Can Be Impeached?
The Constitution says "the President, Vice President and all civil Officers of the United States." In practice that covers a wide range of federal officials:
The President
The most high-profile target. Three have been impeached. None removed.
The Vice President
Never been impeached. Spiro Agnew resigned before proceedings began in 1973.
Federal Judges
The most common target. Several have been convicted and removed, including Supreme Court Justice Samuel Chase in 1804 (acquitted in Senate).
Cabinet Secretaries
Secretary of War William Belknap was impeached in 1876 for bribery. He resigned before the Senate trial, which continued anyway.
Senators and Representatives?
Technically no, members of Congress are NOT civil officers under the Constitution. They can be expelled by their own chamber instead.
Ambassadors & Others
Any presidentially appointed civil officer confirmed by the Senate falls under impeachment jurisdiction.
How the Process Works, Step by Step
Click any step to see the full details.
The Presidential Impeachments in History
Three presidents have been impeached. None have been convicted and removed. Here's what happened in each case, presented factually and without political commentary.
The impeachment trial of President Andrew Johnson in the Senate, 1868, the first presidential impeachment in US history (Public Domain)
Andrew Johnson
17th President, Impeached 1868
The Charge
Violated the Tenure of Office Act by firing Secretary of War Edwin Stanton without Senate approval
House Vote
Impeached, 126 to 47
Senate Vote
Acquitted, fell one vote short of the 2/3 needed to convict (35-19)
What Happened
Remained in office. Served out his term. The Tenure of Office Act was later repealed.
Context
Johnson clashed bitterly with the Republican-controlled Congress over Reconstruction policy after the Civil War. Many historians consider the impeachment more political than legal.
Bill Clinton
42nd President, Impeached 1998
The Charge
Perjury and obstruction of justice stemming from false statements about his relationship with White House intern Monica Lewinsky
House Vote
Impeached on 2 of 4 articles, perjury (228-206) and obstruction (221-212)
Senate Vote
Acquitted on both articles, neither reached the 2/3 threshold
What Happened
Remained in office. Finished his second term. Law license suspended for five years.
Context
The impeachment grew out of Independent Counsel Kenneth Starr's investigation. Clinton had denied the relationship under oath in a civil lawsuit. The Senate acquitted him largely along party lines.
Donald Trump
45th President, Impeached 2019 (First)
The Charge
Abuse of power and obstruction of Congress related to withholding military aid from Ukraine while requesting a political investigation
House Vote
Impeached on both articles, abuse of power (230-197) and obstruction (229-198)
Senate Vote
Acquitted on both articles. One Republican crossed party lines on abuse of power.
What Happened
Remained in office. Lost the 2020 presidential election to Joe Biden.
Context
The first impeachment arose from a whistleblower complaint about a phone call between Trump and Ukrainian President Zelensky. It was the third presidential impeachment in US history.
Donald Trump
45th President, Impeached 2021 (Second)
The Charge
Incitement of insurrection related to the January 6, 2021 attack on the US Capitol
House Vote
Impeached, 232 to 197, with 10 Republicans voting yes, the most bipartisan presidential impeachment in history
Senate Vote
Acquitted, 57 guilty, 43 not guilty. Majority voted to convict but fell short of 2/3.
What Happened
Remained out of office (term had already ended). Won the 2024 presidential election.
Context
The fastest impeachment in US history, voted on just one week after the Capitol attack. The Senate trial took place after Trump left office, raising constitutional questions about whether a former official could be tried.
The One Who Resigned: Richard Nixon
Richard Nixon is often mentioned alongside impeachment, but he was never actually impeached. He is the only US president to have resigned from office.
The Scandal
The Watergate scandal, a 1972 break-in at the Democratic National Committee headquarters that Nixon's administration tried to cover up. Investigations revealed a broad pattern of political espionage, sabotage, and illegal surveillance.
The Tapes
Nixon had recorded conversations in the Oval Office. When investigators subpoenaed them, Nixon refused and tried to have the special prosecutor fired. The Supreme Court unanimously ruled he had to hand over the tapes.
The Articles
The House Judiciary Committee approved three articles of impeachment: obstruction of justice, abuse of power, and contempt of Congress. A full House vote seemed certain to pass.
The Resignation
Before the full House could vote, Nixon was told by Republican leaders that he had lost enough support that the Senate would likely convict him. On August 9, 1974, he resigned, the only president in history to do so.
Gerald Ford's Pardon: When Nixon resigned, Vice President Gerald Ford was sworn in as president. One month later, Ford issued a full and unconditional pardon to Nixon for all crimes he "committed or may have committed" as president. The pardon was deeply controversial and likely cost Ford the 1976 election. Nixon was never charged with a crime.
What Happens If Someone Is Actually Convicted?
Since no president has ever been convicted, this is somewhat theoretical for the executive branch, but it has happened with federal judges. Here's what the Constitution and law say would follow a conviction:
Immediate Removal from Office
The convicted official is removed from their position the moment the Senate vote is certified. There is no appeal, no grace period, no delay. They leave immediately.
Optional: Disqualification from Future Office
The Senate can hold a second vote, requiring only a simple majority, to permanently bar the convicted person from ever holding federal office again. This is optional and separate from the conviction vote.
No Protection from Criminal Prosecution
The Constitution explicitly says impeachment conviction does not protect someone from criminal prosecution. After removal, they can still be indicted, tried, convicted, and imprisoned by regular courts for the same conduct.
Presidential Succession
If a president is removed, the Vice President immediately becomes president. The line of succession then continues as normal.
Quick Facts
Where to Find It
Did You Know?
The first impeachment wasn't a president
The first federal impeachment was in 1797, Senator William Blount of Tennessee, charged with conspiring to help Britain seize Spanish territory. The Senate expelled him before the trial concluded and then decided senators weren't 'civil officers' subject to impeachment.
A judge was impeached for being drunk on the bench
Federal Judge John Pickering was impeached and removed in 1804, partly for being intoxicated while presiding over cases. He was also reportedly mentally ill. It remains one of the more unusual cases in impeachment history.
Impeachment tickets were a thing
The 1868 Johnson impeachment trial was a massive public spectacle. The Senate issued tickets to attend the proceedings. Demand was so high that tickets were scalped and forged, and crowds lined up outside the Capitol for a chance to witness history.
It can happen after you leave office
The Senate debated this during Trump's second trial. The prevailing view among legal scholars is that impeachment CAN proceed after someone leaves office, to impose the punishment of barring them from future office, but the question remains constitutionally unsettled.