Impeachment of the President, Part 1
The US House of Representatives has launched a formal impeachment inquiry against President Donald Trump. He is only the fourth president against whom such hearings have been opened — Andrew Johnson in 1868, Richard Nixon in 1974, and William Clinton in 1998. Richard Nixon resigned after being told he would be impeached and removed from office. Neither Johnson nor Clinton were removed from office.
Presidents are not the only federal officials who are subject to impeachment and removal from office: the Constitution applies it to “All Civil Officers of the United States.” Jefferson’s Vice President, Aaron Burr was charged with treason, but was acquitted. But for the most part, judges have been the other “officers” to be impeached and removed.
The impeachment process is as follows: If a majority of the House vote one or more article of impeachment, then the Senate holds a formal trial, presided over by the Chief Justice of the Supreme Court if the defendant is the President. If two-thirds of the Senate vote to convict, then the impeached official is removed from office. The process is similar to but more elaborate than that of the criminal justice system — indictment by a grand jury, trial before a judge and jury — and stems from a practice that was firmly implanted in British common law when the US Constitution was written.
The historical background began in 1648-49 when King Charles I had been captured and imprisoned by the English Parliamentary forces. At his trial before the newly introduced High Court of Justice, he was charged, not as the king, but as Charles Stuart, the man. He was personally accused of acting against “… the public interest, common right, liberty, justice and peace of the people of this nation.” By accusing him as an individual, the parliament neatly removed the complications of the king’s immunities and prerogatives.
The record of that event was available in the summer of 1787, when the framers of the US Constitution assembled in Philadelphia. James Madison, who helped enable the completion of the Constitution, had this to say: “…impeachment is necessary because the president might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers.” His friend and strong supporter during the Convention, Gouverneur Morris added that Congress needed the power to impeach a president for “treachery and corrupting the electors.” And Benjamin Franklin had addressed the subject the year prior, when he wrote: “It would be best to provide the Constitution for the regular punishment of the Executive when his misconduct should deserve it, and for his honorable acquittal when he should be unjustly accused.”
Part 2 of this article will dig deeper into the current process and practices, which the Constitution leaves largely up to the House and the Senate to invent.
Common Sense for the Eastern Shore




