If the last year has taught us anything, it is that history somehow always finds a way to repeat itself. Even though it seems like a decade ago, it was only a little over 1 year ago in December 2019 that former president Donald Trump was impeached for abuse of power and obstruction of Congress. On Jan. 13, 2021, President Trump was impeached for the second time, making him the only President in history to ever be impeached twice and so close to the official end of his term.
The impeachment process is something that has only happened four times in American history. If you haven’t taken a history or political science course, you may not know the intricacies of what it is, how it happens and who does it.
According to the Webster Merriam Dictionary, impeachment is “to charge (a public official) before a competent tribunal with misconduct in office.” This definition alone does not tell us much because it is hard to conceptualize how this plays out in American politics. To see how impeachment manifests in our government, you should turn to the U.S. Constitution.
In the United States, the Constitution serves as the blueprint for the “rules” of government — it defines the branches of government and what those branches can and cannot do. The Constitution is broken into 7 articles, with the first 3 articles setting the guidelines for the legislative, executive and judicial branches, respectively. So, who can be impeached? Can any government personnel be impeached for anything? Article 2 Section 4 of the Constitution says, “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” At the time of its conception, this was a monumental section of the Constitution. It was one of the many ways the framers ensured that we had a president rather than a king. Over the course of history, 14 judges, 1 Supreme Court justice, 1 former senator and 1 former secretary of war have been impeached for various reasons.
This may lead you to wonder who actually does the impeaching? The answer is a little bit trickier because there is the actual act of “impeachment,” which acts as a bad mark on a report card, and there is the trial and conviction of the impeached individual, which removes them from their office of power. That answer lies in the power of Congress, which is given a mechanism via the Constitution to address the wrongdoings of elected officials and do something about it. Article 1 Section 2 of the Constitution grants the House of Representatives “the sole Power of Impeachment” and Article 1 Section 3 grants the Senate “the sole Power to try all Impeachments.”
The first step of the entire Impeachment process is born in the House of Representatives where one of the representatives or a group of them suggests to the House an impeachment inquiry. Upon this inquiry, there is an investigation that usually is done by the House Judiciary Committee but it could be done elsewhere. This is done so that formal charges can be brought against the individual, thus creating the “Articles of Impeachment,” which is a document that explains who is being impeached, why they are being impeached and on what charges. Then, the House of Representatives takes a vote to pass the Articles of Impeachment, where upon a simple majority voting in favor, the individual is impeached.
After the processes in the House, the articles of impeachment then move to the Senate, where there is a trial. Again, coming from the Constitution in Article 1 Section 3, “When the President of the United States is tried, the Chief Justice shall preside,” but when it’s not the president being tried, the Constitution does not say much. Through precedent it can be assumed that the President of the Senate shall preside, which happens to be the Vice President of the United States. The trial can last days or weeks but each situation calls for different outcomes. Most importantly, the Senate must have a supermajority of Senators to convict, and upon conviction, the official is removed from office.
It’s an understatement to say that this political environment we are in is unique and is something that we have never had to deal with before, which leaves a gray area for our lawmakers to decide on what to do. The first impeachment of Donald Trump had an expected outcome; the Democratic majority House of Representatives voted to pass both articles of impeachment while the Republican majority Senate voted to acquit Trump of the charges. The vote remained strongly on partisan lines following intense tension among both chambers.
Following the insurrection at the Capitol on Jan. 6, 2021, Trump is being impeached again. The articles of impeachment passed through the House of Representatives with ease, being one of the most bipartisan impeachments in history. Ten Republicans voted against their own party and joined 222 democrats in impeaching Trump for inciting the insurrection.
The Senate is a wild card in this impeachment trial. In the moments following the insurrection, many republicans, including Senator Lindsay Graham (R-SC) and Minority Leader Mitch McConnell (R-KY), made statements condemning the violence with obvious hurt and shock in their voices. Despite the number of Republicans who condemned the violence, many of them have already voiced that they will not vote to convict. Democrats will need 17 Republicans in order to convict Trump, which currently is hopeful based on future evidence that may come out, but nonetheless is not expected.
If the Senate does convict, then Donald Trump would be barred from ever running for office again, possibly saving America from another four years of polarization that will end in violence. Just as the democratic process won with the election of Joe Biden, it is my hope that the democratic process strikes the hearts of Republican senators and persuades them to do what’s right.
For more understanding of the impeachment process, many government websites have resources to examine, including this page on the Senate’s website.