.png)
For seasoned viewers of the popular US daytime political talk show, The View, the phrase “twice-impeached president”, often uttered once an episode by host Sunny Hostin in regard to President Trump is likely to bring a smile. However, for those readers who may find themselves confused as to the meaning and significance of this laboured buzzword in American politics, never fear as this article is set to leave you well-versed in all things impeachment-related.
Key to the US federal political mechanism is the system of checks and balances which divides the federal state into three co-equal branches: the executive, the judiciary and the legislature. The US legislature is bicameral (made up of two chambers) and is composed of the House of Representatives and the Senate. One of the legislature’s powers is the ability to exercise government oversight over the two other branches through impeachment. Article 1, Section 2 of the US Constitution gives the House of Representatives the enumerated “sole power of impeachment” whereby all members of the House are able to impeach members of the federal government through a simple majority. The Senate, on the other hand, holds the “sole” enumerated power “to try all impeachments” (outlined by Article 1, Section 3) through which it can convict if a two-thirds supermajority is reached (67 out of 100 votes). Conviction from the Senate comes with damning repercussions through removal from office and a strong likelihood of being barred from future office. In the case of federal judges, they are removed from office and their judicial records and careers are permanently sullied.
Due in some part to divided government (when the branches of the legislature are governed by different parties) in US politics, there have been some instances where the two chambers have disagreed over proceedings. For example, in the impeachment of 17th POTUS Andrew Johnson in 1868 and federal Californian district judge Harold Louderback in 1933, whilst the House were successful in passing articles of impeachment the Senate chose to acquit.
So what determines whether one can be impeached? Well, Article 2 Section 4 states that “treason, bribery, or other high crimes and misdemeanours” are impeachable offences. Whilst the first two crimes are clear and well defined in law, the definition of high crimes and misdemeanours have been long subjects of debate. New Hampshire district judge John Pickering (1803) and Kansas district judge Mark Delahaey (1873) were both impeached for drunkenness and alcoholism respectively, both of which were seen as impairing their fitness to serve on the federal circuit. However, recent impeachments have taken place under more grave circumstances, such as Texas Southern District Judge Samuel B Kent in 2010. He was impeached on four articles relating to obstruction of justice in a sexual assault investigation, of which he was the accused.
In recent years, impeachments have become subject to increased partisanship. For instance, in 1998, President Bill Clinton was impeached by the House on a relatively fine margin of 228 votes for and 206 against (article of perjury), predominantly across party lines. Similarly, in 2019 President Trump was impeached in the House on a charge of Obstruction of Congress with 229 votes for and 198 votes against, again closely on party lines. This demonstrates the highly partisan culture that has emerged over recent years with impeachment or at least the mere threat of it becoming heavily politicised.
Whilst impeachment seemed to be a faint memory associated with the Trump years, in September 2023 House Republicans led by Speaker of the House Kevin McCarthy launched an impeachment inquiry on the accusation that President Joe Biden had acted improperly regarding his son’s business affairs. The inquiry is in early development and whilst many political pundits are sceptical of its success, the outcome is likely to significantly shape public political discourse in the upcoming 2024 presidential race.
Comments