{
  "id": "R44260",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R44260",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 446894,
      "date": "2015-10-29",
      "retrieved": "2016-04-06T18:04:18.665689",
      "title": "Impeachment and Removal",
      "summary": "The impeachment process provides a mechanism for removal of the President, Vice President, and other \u201ccivil Officers of the United States\u201d found to have engaged in \u201ctreason, bribery, or other high crimes and misdemeanors.\u201d The Constitution places the responsibility and authority to determine whether to impeach an individual in the hands of the House of Representatives. Should a simple majority of the House approve articles of impeachment specifying the grounds upon which the impeachment is based, the matter is then presented to the Senate, to which the Constitution provides the sole power to try an impeachment. A conviction on any one of the articles of impeachment requires the support of a two-thirds majority of the Senators present. \nShould a conviction occur, the Senate retains limited authority to determine the appropriate punishment. Under the Constitution, the penalty for conviction on an impeachable offense is limited to either removal from office, or removal and prohibition against holding any future offices of \u201chonor, Trust or Profit under the United States.\u201d Although removal from office would appear to flow automatically from conviction on an article of impeachment, a separate vote is necessary should the Senate deem it appropriate to disqualify the individual convicted from holding future federal offices of public trust. Approval of such a measure requires only the support of a simple majority.\nKey Takeaways of This Report\nThe Constitution gives Congress the authority to impeach and remove the President, Vice President, and other federal \u201ccivil officers\u201d upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.\nA simple majority of the House is necessary to approve articles of impeachment.\nIf the Senate, by vote of a two-thirds majority, convicts the official on any article of impeachment, the result is removal from office and, at the Senate\u2019s discretion, disqualification from holding future office.\nThe Constitution does not articulate who qualifies as a \u201ccivil officer.\u201d Most impeachments have applied to federal judges. With regard to the executive branch, lesser functionaries\u2014such as federal employees who belong to the civil service, do not exercise \u201csignificant authority,\u201d and are not appointed by the President or an agency head\u2014do not appear to be subject to impeachment. At the opposite end of the spectrum, it would appear that any official who qualifies as a principal officer, including a head of an agency such as a Secretary, Administrator, or Commissioner, is likely subject to impeachment.\nImpeachable conduct does not appear to be limited to criminal behavior. Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive: (1) improperly exceeding or abusing the powers of the office; (2) behavior incompatible with the function and purpose of the office; and (3) misusing the office for an improper purpose or for personal gain.\nThe House has impeached 19 individuals: 15 federal judges, one Senator, one Cabinet member, and two Presidents. The Senate has conducted 16 full impeachment trials. Of these, eight individuals\u2014all federal judges\u2014were convicted by the Senate.",
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      "typeId": "REPORTS",
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      "topics": []
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  "topics": [
    "Constitutional Questions"
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}