Who issues articles of impeachment

The Founding Fathers incorporated the process, with modifications, into the fabric of United States government. The Constitution, however, only provides the framework-the basic who's, why's, and how's. The remaining procedural intricacies reside in the internal rules of the House and Senate.

As noted above, this includes Federal judges. It does not, however, include House Representatives or Senators. Article 2, Section 4 -- ". This implies that the impeachment process is not tightly linked to the criminal law. The test is not satisfied by all crimes. With only two named offenses to provide context for the inclusive phrase "high crimes and misdemeanors," the standard remains undefined.

The language suggests, however, that criminal action may be required. It is worth noting that the term "misdemeanor" does not correspond to the modern definition of a less serious sub-felony statutory or common law criminal offense. In the case of Andrew Johnson, the House accused the President, among other things, of speaking disrespectfully of Congress "in a loud voice. The power of impeachment translates into the power to indict.

The House, through the Judiciary Committee, conducts investigation and gathers evidence. At the proper time, the House assembles the evidence into individual indictments or charges known as Articles of Impeachment.

Each article requires a majority vote of the House to pass to the Senate. Once impeached, the officer is on trial. Article 1, Section 3, Clause 6 --" The Senate shall have the sole power to try all impeachments.

When sitting for that purpose, they shall be on oath or affirmation. New York: Penguin Books, Melton, Buckner F. Macon, Georgia: Mercer University Press, Rehnquist, William H. New York: Harper Perennial, House of Representatives, 93rd Cong.

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House of Represen- tatives. House Trivia Timeline. Under the U. Constitution , the process of impeachment begins in the United States House of Representatives , which has the sole power of impeachment. Any member of the House may introduce impeachment charges by declaration under their own initiative, by presenting a listing under oath, or by introducing a resolution which will be referred to a committee.

Resolutions against particular individuals are referred to the House Judiciary Committee , while resolutions authorizing an investigation as to whether grounds exist for impeachment are initially referred to the House Rules Committee. These resolutions are then generally referred to the Judiciary Committee as well. The Judiciary Committee typically conducts impeachment investigations, but the committee may refer the investigation to another committee, such as the House Committee on Reconstruction in the impeachment of President Andrew Johnson, to either a special or select committee of the U.

House, or to one of the Judiciary Committee's subcommittees or a specially created subcommittee. Once the committee's investigation is concluded, the full Judiciary Committee will vote on whether grounds exist for impeachment. If a majority of the committee determines grounds exist, a resolution both impeaching the individual as well as presenting the specific allegations, known as articles of impeachment, will be reported to the full U.

House of Representatives. The House will then proceed to debate the resolution presented by the committee. The committee's reported recommendations are non-binding and the House may consider the resolution as a whole or may consider each article of impeachment independently. The House may also vote to impeach even if the committee report does not recommend impeachment. Should the House, by a simple majority, adopt any articles of impeachment, then the individual is considered impeached.

Subsequent to this vote, members of the House known as House managers will be selected to present the charges to the U. Further, the Constitution requires that all senators who will vote on impeachment must do so on oath or affirmation and that no person can be convicted on impeachment charges unless two-thirds of the senators present to vote agree to convict.

Upon receiving a resolution from the House notifying the Senate that an individual has been impeached, the Senate will adopt an order notifying the House that the Senate will hear the managers on the charges. The appointed managers then appear before the bar of the Senate to impeach the individual involved and exhibit the articles against him or her. Once this is completed, the Senate's procedural rules for impeachment govern the process. Initially, upon presentation of charges, the Senate will issue a summons to the accused to appear and enter a plea.

Should the defendant, named the respondent A party against whom a petition to an appellate court is filed. The respondent may also choose to answer the articles brought against him or her. Upon the conclusion of the plea, the Senate will set a trial date. House managers or their counsel then provide the Senate with information regarding witnesses who are to be subpoenaed and may apply to the trial's presiding officer should additional witnesses need to be subpoenaed.

Under Article I, Section 3, clause 6 of the Constitution, the chief justice of the United States only presides over the Senate impeachment trial if the president is being tried.

During impeachment trials, the full Senate may receive evidence and take testimony or the Senate may order the presiding officer to appoint a committee of Senators to serve this purpose. If a committee is appointed, the committee will present a certified transcript of the proceedings to the full Senate. The Senate can also take additional testimony in an open Senate. The Senate may also order that the entire trial be before the full Senate. At the beginning of the trial, House managers and respondent's counsel present opening arguments regarding the impeachment charges.

The House managers, as the prosecution in the trial, present the first argument. During the course of the trial, evidence is presented and witnesses may be put to both direct examination and cross-examination. The presiding officer may rule on any question of evidence presented but the officer can also refer that question to a vote of the Senate and any senator can request a vote on a particular question.

Closing arguments will be presented by each side, with House managers opening and closing. When the trial is concluded, the Senate meets in closed session to deliberate. Voting to convict on the articles of impeachment must be done in open session, and votes are tallied separately on each article. To convict on an article of impeachment, a two-thirds vote of senators present to vote is required. If the respondent is convicted on one or more of the articles, the presiding officer will pronounce the judgment of conviction and removal.

The Senate may subsequently vote on whether the impeached official shall be disqualified from holding an office of public trust under the United States in the future. If the Senate considers such a motion, only a simple majority vote is required. Article II, Section 4 of the United States Constitution stipulates that the president, vice president, and all civil officers of the United States can be impeached and removed from office on three charges:.

The document reads, "treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. The phrase high crimes and misdemeanors is also not defined in the Constitution.

During the Constitutional Convention, Virginia delegate George Mason suggested adding maladministration to the charges of bribery and treason as impeachable offenses.

When concerns were raised as to the vagueness of the term, Mason substituted high crimes and misdemeanors instead. As the Constitutional Rights Foundation notes, [2]. Most of the framers knew the phrase well.