impeachment

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impeachment,

in Great Britain and United States, formal accusation issued by a legislature against a public official charged with crime or other serious misconduct. In a looser sense the term is sometimes applied also to the trial by the legislature that may follow. In other countries, impeachment may refer to the removal of a public official from office instead of the accusation. Impeachment developed in England, beginning in the 14th cent., as a means of trying officials suspected of dereliction of duty. The English procedure was for the House of Commons to prosecute by presenting articles of impeachment to the House of Lords, which rendered judgment. Any penalty, including death, might be inflicted. The impeachment (1787) and trial (1788–95) of Warren HastingsHastings, Warren,
1732–1818, first governor-general of British India. Employed (1750) as a clerk by the East India Company, he soon became manager of a trading post in Bengal.
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 was among the last of the English cases.

In the United States impeachment of public officials is provided for in the federal government and in most states. In federal matters the U.S. Constitution gives the House of Representatives the power to impeach civil officers of the United States, including the President and Vice President, but not including members of Congress. Impeachments are tried by the Senate, with the concurrence of two thirds of the members present needed for conviction. The sole penalties on conviction are removal from office and disqualification from holding other federal office; however, the convicted party is liable to subsequent criminal trial and punishment for the same offense.

There have been 19 impeachments tried by the Senate and eight convictions. Three of the best-known cases, which did not result in conviction, were those of Supreme Court Justice Samuel ChaseChase, Samuel,
1741–1811, political leader in the American Revolution, signer of the Declaration of Independence, associate justice of the U.S. Supreme Court (1796–1811), b. Somerset co., Md.
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, President Andrew JohnsonJohnson, Andrew,
1808–75, 17th President of the United States (1865–69), b. Raleigh, N.C. Early Life

His father died when Johnson was 3, and at 14 he was apprenticed to a tailor.
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, and President Bill Clinton (see Lewinsky scandalLewinsky scandal
, sensation that enveloped the presidency of Bill Clinton in 1998–99, leading to his impeachment by the U.S. House of Representatives and acquittal by the Senate.
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). In 1974 the Judiciary Committee of the House of Representatives voted to bring impeachment charges against President Richard Nixon (see Watergate affairWatergate affair,
in U.S. history, series of scandals involving the administration of President Richard M. Nixon; more specifically, the burglarizing of the Democratic party national headquarters in the Watergate apartment complex in Washington, D.C.
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), but Nixon resigned before the House took action.

Bibliography

See studies by I. Brant (1972), R. Berger (1973), C. L. Black, Jr. (1974), J. R. Labovitz (1978), and R. A. Posner (1999).

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of these judicial impeachments in which a conviction occurred, the
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Such a rule would insure a bipartisan basis for impeachments and removals-a threshold that seems desirable.
The pardon power already excludes impeachments, but the Constitution does not specifically prohibit self-pardons for criminal actions, although none has ever been issued.
These historic parallels with modern impeachments are analyzed in the concluding chapter.
IMPEACHMENTS DO NOT FORM clear precedents, as court cases do.
Neither Dworkin nor Wilentz have any expertise in the constitutional theory or history of impeachments.
Tom Harkin, D-Iowa, sent a letter to Chief Justice William Rehnquist requesting him to dismiss the order from Judge Johnson compelling Lewinsky to be debriefed by House managers, citing the Senate's ``sole power'' to try impeachments.
The Senate shall have the sole Power to try all Impeachments.