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{{cquote|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.}}

{{cquote|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.}}

The concept of "impeachment" is based, like much of American law, on an English tradition dating back to hundreds of years before the Constitution.  In the 1300s the Parliament in England had the power of impeachment against misbehaving ministers of the King.  "Impeachment" is the removal from public office of someone who has engaged in misconduct.  Alexander Hamilton explained in ''Federalist No. 65'' that impeachment is the remedy for the "misconduct of public men, or in other words from the abuse or violation of some public trust.”

The concept of "impeachment" is based, like much of American law, on an English tradition dating back hundreds of years before the Constitution.  In the 1300s the Parliament in England had the power of impeachment against misbehaving ministers of the King.  "Impeachment" is the removal from public office of someone who has engaged in misconduct.  Alexander Hamilton explained in ''Federalist No. 65'' that impeachment is the remedy for the "misconduct of public men, or in other words from the abuse or violation of some public trust.”

The Constitution gives the power of impeachment to the House of Representatives, and power to the Senate to act on that impeachment by removing a public official from his position.  '''''Contrary to what most people think, "impeachment" itself does not remove the person from public office'''''.  Impeachment is like "indicting" someone, or filing charges against him.  The Senate must then decide whether to remove him from his public position.

The Constitution gives the power of impeachment to the House of Representatives, and power to the Senate to act on that impeachment by removing a public official from his position.  '''''Contrary to what most people think, "impeachment" itself does not remove the person from public office'''''.  Impeachment is like "indicting" someone, or filing charges against him.  The Senate must then decide whether to remove him from his public position.

Only a majority vote in the House is required to impeach a public official.  A two-thirds vote in the Senate is required in order to actually remove him from office.

Only a majority vote in the House is required to impeach a public official.  A two-thirds vote in the Senate is required in order to actually remove him from office.

Throughout American history, there have been only two impeachments of American presidents, and only one impeachment of a Supreme Court Justice.  In all three cases, there was not a two-thirds vote of the Senate to remove the person from office, so he remained in power.  The impeached officials were Presidents Andrew Johnson (1868) and Bill Clinton (1998), and Supreme Court Justice Samuel Chase (who earlier was one of the signers of the Declaration of Independence).

Throughout American history, there have been only two impeachments of American presidents, and only one impeachment of a Supreme Court Justice.  In all three cases, there was not a two-thirds vote in the Senate to remove the person from office, so he remained in power.  The impeached officials were Presidents Andrew Johnson (1868) and Bill Clinton (1998), and Supreme Court Justice Samuel Chase (who earlier was one of the signers of the Declaration of Independence).

But the likelihood of impeachment did cause President Richard Nixon to resign first.  And the impeachment of Presidents Johnson and Clinton did weaken their credibility and make it difficult for them to continue to exercise power.

But the likelihood of impeachment did cause President Richard Nixon to resign first.  And the impeachment of Presidents Johnson and Clinton did weaken their credibility and make it difficult for them to continue to exercise power.

But other officials have been impeached and removed from office by Congress.  There have been a total of 20 impeachments by the House, 15 of whom were federal judges.  Eight of those impeached federal judges were then removed from office by a vote of at least two-thirds of the Senate.  A Senator himself was once impeached by the House in 1797, and then expelled by the Senate.  Ironically, that impeached Senator (William Blount) was an original signer of the Constitution!

Other officials have been impeached and removed from office by Congress.  There have been a total of 20 impeachments by the House, 15 of whom were federal judges.  Eight of the impeached federal judges were then removed from office by a vote of at least two-thirds of the Senate.  A Senator himself was once impeached by the House in 1797, and then expelled by the Senate.  Ironically, that impeached Senator (William Blount) was an original signer of the Constitution!

Notice that the president has no role in the impeachment power.  This is another example of authority given only to the legislative branch.  The Chief Justice of the United States, however, does preside over the removal proceeding in the Senate once an impeachment is ordered by the House, if the officer impeached is the President.  In all other cases, the Vice-President (as President of the Senate) presides over the trial.

Notice that the president has no role in the impeachment power.  This is another example of authority given only to the legislative branch.  The Chief Justice of the United States, however, does preside over the removal proceeding in the Senate once an impeachment is ordered by the House, if the officer impeached is the President.  In all other cases, the Vice-President (as President of the Senate) presides over the trial.

What is the source of the phrase "high Crimes and Misdemeanors"?  George Mason, a delegate from Virginia to the Constitutional Convention, suggested it.  In English law it mean crimes against government that were committed by public officials.

What is the source of the phrase "high Crimes and Misdemeanors"?  George Mason, a delegate from Virginia to the Constitutional Convention, suggested it.  In English law it means crimes against government that were committed by public officials.

Many States have used impeachment proceedings under their own State constitutions in order to remove high-ranking government officials.<ref>http://ncpedia.org/impeachment</ref>  In 2009, the Illinois House of Representatives impeached, and the Illinois Senate unanimously removed from office, the [[Governor of Illinois]] [[Rod Blagojevich]] on corruption charges.

Many States have used impeachment proceedings under their own State constitutions in order to remove high-ranking government officials.<ref>http://ncpedia.org/impeachment</ref>  In 2009, the Illinois House of Representatives impeached, and the Illinois Senate unanimously removed from office, the [[Governor of Illinois]] [[Rod Blagojevich]] on corruption charges.

The Framers were so protective of the Great Writ that they put in the Constitution itself, as Article I, Section 9, clause 2:

The Framers were so protective of the Great Writ that they put in the Constitution itself, as Article I, Section 9, clause 2:

{{cquote|The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.}}

{{cquote|The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.}}

Notice that this right is in the original Constitution prior to the addition of the Bill of Rights (the first ten Amendments). This was considered by the Framers to be a more basic right than freedom of speech or the press.

Notice that this right is in the original Constitution prior to the addition of the Bill of Rights (the first ten Amendments). The Great Writ was considered by the Framers to be a more basic right than freedom of speech or the press.

"Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly.  In other words, this right protects against unjustified imprisonment.  This right enables prisoners to demand to be brought before a judge, in order for the judge to order their release from jail.  It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail.  Without this right, government could imprison anyone they want, at any time.

"Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly.  In other words, this right protects against unjustified imprisonment.  This right enables prisoners to demand to be brought before a judge, in order for the judge to command their release from jail.  It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail.  Without this right, government could imprison anyone they want, at any time, without any review of the imprisonment by an impartial decisionmaker.

Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.</ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref>  The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason.  Government must either present its charges for jailing someone, or set him free.  This right of habeas corpus prevents government from imprisoning someone without bringing charges against him.

Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.</ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref>  The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason.  Government must either present its charges for jailing someone, or set him free.  This right of habeas corpus prevents government from imprisoning someone without bringing charges against him.