The Impeachment Process

Article II, Section 4 of the U.S. Constitution outlines impeachment for the President, Vice President, and civil officers for Treason, Bribery, or other high Crimes and Misdemeanors. The framers left "high crimes and misdemeanors" vague, borrowing from England where the House of Commons could impeach officials and the House of Lords decided their fate.

James Madison saw impeachment as a check on power against incompetence and corruption. In the USA, the process works as follows:

1. The House of Representatives draws up charges, or "articles of impeachment."
2. The Senate holds the trial, requiring a two-thirds majority to convict.
3. If convicted, the official is removed and possibly barred from future public office.
4. The Chief Justice presides if it involves the President.

Notable impeachment cases in U.S. history include:

• Andrew Johnson: Faced impeachment after clashing with Radical Republicans over Reconstruction policies. The Senate came up one vote short of conviction.
• Richard Nixon: Resigned before the House could vote on articles of impeachment over the Watergate scandal.
• Bill Clinton: Impeached in 1998 for lying under oath and obstructing justice about his affair with Monica Lewinsky. The Senate didn't convict him.
• Donald Trump: Impeached twice. First in 2019 over allegations he solicited Ukraine to interfere in the 2020 election. The Senate acquitted him. In 2021, he was impeached for incitement of insurrection after the January 6th Capitol riot. The Senate fell short of the two-thirds needed to convict.

Impeachment aims to protect the nation from unfit leaders, serving as a reminder of the system's checks and balances.¹

Historical Impeachment Cases

Andrew Johnson's 1868 impeachment stemmed from his clashes with Radical Republicans over Reconstruction. Johnson wanted a lenient approach to Southern states, vetoed key bills, and fought the Fourteenth Amendment. Congress passed the Tenure of Office Act to protect Secretary of War Edwin Stanton. When Johnson fired Stanton, Congress responded with eleven articles of impeachment. The Senate vote came up one short of conviction.

Nixon's Watergate scandal erupted in 1972 when men linked to his re-election committee broke into the Democratic National Committee headquarters. Nixon used his office to cover it up. Oval Office tapes recorded his involvement. Facing inevitable impeachment, Nixon resigned in 1974.

"I have never been a quitter. To leave office before my term is completed is abhorrent to every instinct in my body. But as President, I must put the interest of America first." – Richard Nixon²

Bill Clinton's 1998 impeachment stemmed from lying under oath about his affair with Monica Lewinsky. The House Judiciary Committee issued four articles of impeachment for perjury and obstruction of justice. The Senate didn't reach the two-thirds vote for conviction.

Donald Trump's impeachments in 2019 and 2021 highlighted the role of party allegiance in the process. His first impeachment involved his call with Ukrainian President Volodymyr Zelenskyy, allegedly leveraging military aid for election interference. The Senate acquitted him. His second impeachment was for inciting the January 6th Capitol riot. The Senate again fell short of conviction.

These cases illustrate the delicate balance between executive and legislative branches, showing how political context and public opinion can influence outcomes.

Recent Impeachment Efforts and Political Atmosphere

Recent impeachments have raised questions about accountability versus political warfare. Trump's first impeachment in 2019 involved allegations of seeking foreign election interference. The House laid out articles for abuse of power and obstruction of Congress. The Senate acquitted Trump, with Republicans deeming the charges insufficient.

Trump's second impeachment in 2021 was for incitement of insurrection following the January 6th Capitol riot. The House moved quickly, skipping the usual investigative process. The Senate again acquitted Trump.

Now, House Republicans have sent impeachment articles to Homeland Security Secretary Alejandro Mayorkas, accusing him of mismanaging the southern border. The Democrat-controlled Senate is expected to dismiss the charges.

Legal Arguments and Public Opinion

• Trump's team argued presidential immunity
• Mayorkas's defenders say the accusations reflect policy disagreements, not criminal activity
• Public opinion plays a crucial role in shaping political careers and voter sentiments

In today's polarized climate, impeachment has become a public spectacle, making it hard for citizens to separate fact from faction. The impeachment process, designed as a constitutional safeguard, has become a tool for political warfare. It's a double-edged sword that can maintain checks and balances but is susceptible to partisan politics.

The challenge lies in discerning when impeachments are about upholding governance or just another political battle.³

1. Sunstein CR. Impeachment: A Citizen's Guide. Harvard University Press; 2017.
2. Kutler SI. The Wars of Watergate: The Last Crisis of Richard Nixon. W. W. Norton & Company; 1992.
3. Bowie N, Lioz A. Understanding the Impeachment Process. Brennan Center for Justice; 2019.