#55: CIVICS 101: The Legislative Branch
Q&A #55: What is the role of Congress in the impeachment process?
Our American Government
Our American Government is a small book published by the House of Representatives for citizens and those who seek a greater understanding of the American interpretation of democracy. It follows a question-and-answer format and covers a broad range of topics dealing with the three branches of our Government, the electoral process, and the role of political parties.
The Savvy Citizen is reproducing the 169 questions-and-answers through a series of posts called Civics 101. Each post will contain the Q&A as well as some additional commentary to add historical context, fun facts, or anything we believe will add to our collective understanding of these topics.
Think of it as your adult Civics class but without the test!
Let’s keep at it.
SECTION: The Legislative Branch: The Congress
Congressional Process and Powers
Q&A #55: What is the role of Congress in the impeachment process?
Impeachment is the process by which the President, Vice President, Federal judges and Justices, and all civil officials of the United States may be removed from office.
The President and other civil officials may be impeached and convicted for ‘‘Treason, Bribery, and other high Crimes and Misdemeanors.’’
The House of Representatives has the sole authority to bring charges of impeachment, by a simple majority vote, and the Senate has the sole authority to try impeachment charges.
An official may be removed from office only upon conviction, which requires a two-thirds affirmative vote of the Senate. The Constitution provides that the Chief Justice shall preside when the President is being tried for impeachment.
My Thoughts
Only three U.S. presidents have been impeached, but none have been removed from office.
Andrew Johnson
In 1868, President Andrew Johnson was impeached for allegedly violating the Tenure of Office Act (an 1867 law intended to limited the President’s ability to remove certain office holders without Senate approved). Congress passed the law over President Johnson’s veto, which didn’t make him popular with Congress.
So, when Johnson tried to remove Edwin Stanton, the Secretary of War, from office without the Senate’s approval, he was deemed to have committed “high crimes and misdemeanors.” After a three-month trial, Johnson avoided removal from office by just a single vote.
Bill Clinton
In 1998, the House of Representatives impeached President Bill Clinton for allegedly lying under oath and obstructing justice. The charges arose from Clinton’s testimony given during a deposition in a sexual harassment lawsuit filed by Paula Jones. The President testified—under oath—that he didn’t have sexual relations with White House intern, Monica Lewinsky, even though it was later discovered that he, in fact, had engaged in such relations.
SIDEBAR » I lived in DC at the time all of this was going down and Monica Lewinsky and I are the same age. It was wild being a 25 year old woman with ambition at such a time. No one dared have meetings with young women without another witness present.
After a month-long trial, Clinton was acquitted on all charges and he completed his second term.
Donald Trump
Trump was impeached twice, and acquitted twice.
In 2019, Trump was impeached for abuse of power and obstruction of Congress. Abuse of power is a nebulous term referring to some form of unlawful act committed in an official capacity. Trump’s alleged abused of power was soliciting foreign interference with the 2020 presidential election and his obstruction of Congress arose from him directing his administration from cooperating with Congress.
Trump was accused of withholding military aid from Ukraine in order to influence President Zelensky to open an investigation into Joe Biden, Trump’s political opponent, and to spread information leading the public to believe Ukraine, not Russia, was behind the foreign interference in the 2016 election. Trump was acquitted on all counts.
In 2021, as he was leaving office, Trump was impeached a second time for incitement of an insurrection related to the January 6, 2021 protests. Strangely, the trial was conducted AFTER Biden was inaugurated, which was an unprecedented and unclear move. Regardless, Trump was acquitted in this impeachment as well.
This second impeachment formed the basis for two indictments against Trump, one state (Georgia) and one federal.
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Back next time with Q&A #56: Who controls use of the armed forces?
Meanwhile, don’t forget that we’re organizing the post links on a single page available here.
xo,
Kelley for the Savvy Citizen Team
February 27, 2025