Impeachment in the United States

In the United States, impeachment is the process by which a legislature may bring charges against an elected member of the executive branch or an appointed official for severe alleged misconduct, and may result in removal of the guilty from their position after the consequential trial. In addition to Congress at the federal level, impeachment may occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government. Separate procedures are in place for elected members of the legislature to remove a peer for a comparable level of misconduct.

The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also vote to bar an individual convicted in a senate impeachment trial from holding future federal office with a simple-majority vote.

Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution. A number of organized United States territories do as well. Additionally, impeachment is a practice of other government bodies, such as tribal governments.

Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons, that may have protected them from the consequences of a conviction in an impeachment trial.