Common Misunderstandings about Impeachment

There are several common misunderstandings about the impeachment and removal from office provisions of the United States Constitution.  This post corrects them with a brief general explanation of impeachment.

The House of Representatives has the power to impeach (bring forth charges for removal from office) the President, all civil officers and judges and the Vice President for “high Crimes and Misdemeanors,” which means maladministration, not necessarily actual crimes, because impeachment is a political, not a criminal process.  Upon impeachment, the Senate then hears cases of impeachment and votes to convict or acquit.  An official is removed from office by conviction.

What is impeachable is the prerogative of the House of Representatives and what is removable from office is that of the Senate.  The original intent of the Framers of the Constitution was that impeachment would be for maladministration, not policy differences.  Policy and popularity are, therefore, irrelevant.  A precedent has been established over the centuries for impeachment in the cases of Presidents and federal judges.  Although no President has been convicted, one was forced to resign to avoid impeachment and several judges from the early days of the Republic up to recent years have been removed from office.

Impeachment by the House and removal from office by the Senate, often referred collectively as “impeachment,” is neither a coup d’etat or overthrow of the government, nor does it overturn a popular election or violate the will of the American people.  A coup is a violent overthrow of the government.  Impeachment of a President is not even a non-violent overthrow of government because the Vice President, who is usually of the same party as the President, would accede to the office of President of his removal, not a member of the opposition party.  But even if it did lead to a change in control of the faction in government, impeachment is a constitutional process that defends the Constitution and the rule of law from violations and abuses of office, thereby defending independence, liberty and representative government and deterring maladministration.  It enforces the Constitution against threats, not undermines it.

           

            Removal from office is not a punishment, as the official is not in jeopardy of life or liberty.  The only punishment that can be considered after removal by the Senate is a permanent ban on serving in office.  But because service is a privilege, not a freedom or right, a ban on service is not akin to a criminal punishment or civil penalty. 

           Impeachment and removal of a president does not overturn a popular election because the election for President is not a popular election, as the President is elected by the Electoral College, not the people who elect the Electors.  Impeachment of president does not overturn the will of the people because the presidential election is not necessarily reflective of the will of the people, as Electors can be appointed directly by State Legislatures or elected to be free to exercise their best judgment in good conscience, as intended by the Framers of the Constitution.