Article II, Section 4

Definition

Article II, Section 4 of the United States Constitution outlines the grounds for impeachment of the President, Vice President, and all civil officers of the United States. It specifically states that these officials can be impeached for 'treason, bribery, or other high crimes and misdemeanors,' setting a legal framework for accountability and checks on executive power.

5 Must Know Facts For Your Next Test

1. Article II, Section 4 was adopted as part of the Constitution in 1787 and reflects the Founding Fathers' intent to create a system of checks and balances within the government.
2. Impeachment is initiated in the House of Representatives, where members can vote to bring charges against the official in question, while the Senate conducts the trial.
3. Only two presidents have been impeached by the House: Andrew Johnson in 1868 and Bill Clinton in 1998; Richard Nixon resigned before he could be impeached.
4. The term 'high crimes and misdemeanors' is not explicitly defined in the Constitution, allowing for interpretation based on context and precedent.
5. A president can only be removed from office through impeachment if two-thirds of the Senate votes for conviction after a trial.

Review Questions

• How does Article II, Section 4 establish the grounds for impeachment in relation to executive power?
  • Article II, Section 4 sets clear parameters for what constitutes impeachable offenses, specifically listing treason, bribery, and other high crimes and misdemeanors. This framework empowers Congress to hold the President and other high-ranking officials accountable for serious misconduct, ensuring that executive power is not exercised without oversight. By defining these grounds, it also reflects the Framers' intention to maintain a balance between authority and accountability within the government.
• What role do the House of Representatives and Senate play in the impeachment process as outlined by Article II, Section 4?
  • The House of Representatives initiates impeachment by drafting articles of impeachment and voting on them, requiring a simple majority for approval. If passed, the articles move to the Senate, which holds a trial where senators act as jurors. A two-thirds majority in the Senate is required to convict and remove an official from office. This division of responsibilities highlights the checks and balances integral to the impeachment process.
• Evaluate how interpretations of 'high crimes and misdemeanors' have shaped historical impeachment cases in American politics.
  • The phrase 'high crimes and misdemeanors' has been subject to varied interpretations throughout history, significantly influencing impeachment cases like those of Andrew Johnson, Bill Clinton, and discussions surrounding Richard Nixon. Each instance raised questions about what constitutes serious misconduct deserving removal from office, leading to political debates about morality versus legality. This evolving interpretation underscores how subjective legal standards can impact governance and political accountability, ultimately shaping public perceptions of presidential conduct.

Related terms

Impeachment: The process by which a legislative body formally charges a government official with misconduct, which can lead to removal from office.

High Crimes and Misdemeanors: A constitutional standard used in impeachment proceedings that refers to serious breaches of trust or misconduct by public officials.

Constitutional Accountability: The principle that government officials are held responsible for their actions and must operate within the bounds of the law as established by the Constitution.