Impeachment
Definition A formal accusation of a federal official by a simple majority vote of the House of Representatives. Impeachment is the first step in a two-stage process: it is followed by a trial by the Senate in which a 2/3 majority is required for conviction. If convicted, the federal official is removed from office.
House of Representatives Impeachment is the exclusive power of the HoR. Can formally accuse any member of the executive and judicial branches of the federal government. Accusation only needs a simple majority in the HoR to be passed onto the Senate to be tried. HoR has used impeachment 19 times since 1789.
Senate Senate has the power to try a case of impeachment once the HoR have successfully accused someone by a simple majority. Trial is to determine whether someone is guilty of the offence brought forward by the House. A 2/3 majority is needed for the person to be removed from office.
Andrew Johnson (1868) 17 th President - Democrat 1 st President to be impeached, by Conservative dominated Congress After Civil War, his plan was to quickly restore seceded states to the Union, but in doing so, he did not protect the rights of former slaves. Acquitted in the Senate by 1 vote.
Bill Clinton (1998) 42 nd President (Democrat) 2 nd President to formally be impeached Over affair scandal with White House intern Monica Lewinsky HoR passed impeachment on two articles of: Perjury ( ) and obstruction of justice ( ) Senate found him not guilty on both articles by on perjury and on obstruction of justice
Thomas Porteous (2010) Federal Judge – East district of Louisiana Successfully impeached in the House on four separate articles Petrous repeatedly committed perjury by signing false financial disclosure forms under oath Senate upheld prosecution on all four counts.
Threat can be enough Executive President Richard Nixon in 1974 resigned from the office of the president rather than be almost certainly impeached by the HoR and convicted in the Senate over the Watergate scandal. Judiciary No Supreme Court Justice has ever been impeached but… Associate Justice Abe Fortas resigned from the SC in 1968 rather than face impeachment which was almost certain.