High crimes and misdemeanors

Definition

High crimes and misdemeanors refers to the constitutional standard for impeachment of a sitting president or other federal officials in the United States. This phrase encompasses serious breaches of trust, abuse of power, or conduct that undermines the integrity of the office, extending beyond mere criminal offenses to include acts that are deemed fundamentally incompatible with the role of a public official.

5 Must Know Facts For Your Next Test

1. The phrase 'high crimes and misdemeanors' is derived from English law and was included in the U.S. Constitution as a check against presidential abuse of power.
2. Impeachment proceedings require a majority vote in the House of Representatives, while a two-thirds majority in the Senate is necessary for conviction and removal from office.
3. High crimes and misdemeanors can include a range of actions, such as bribery, treason, abuse of power, or obstruction of justice, but do not have to be strictly defined as criminal offenses.
4. The determination of what constitutes 'high crimes and misdemeanors' is largely subjective and can vary depending on political contexts and interpretations by Congress.
5. Historical examples include the impeachments of Andrew Johnson, Richard Nixon (who resigned before impeachment), and Bill Clinton, all highlighting different interpretations of this term.

Review Questions

• How does the term 'high crimes and misdemeanors' relate to the impeachment process in the United States?
  • 'High crimes and misdemeanors' serves as the constitutional standard for initiating impeachment proceedings against federal officials. It sets a broad framework that allows Congress to hold elected officials accountable for serious misconduct that threatens democratic governance. The use of this term indicates that both criminal acts and other forms of misconduct can be grounds for impeachment, making it an essential concept in understanding checks on presidential power.
• In what ways has the interpretation of 'high crimes and misdemeanors' evolved throughout American history?
  • 'High crimes and misdemeanors' has evolved significantly since its inclusion in the Constitution, reflecting changing political norms and societal values. For example, Andrew Johnson's impeachment focused on violation of the Tenure of Office Act, while Bill Clinton's involved perjury related to personal conduct. Each case illustrates how Congress interprets this phrase based on contemporary standards and political climate, underscoring its flexibility in application.
• Evaluate the implications of ambiguous definitions of 'high crimes and misdemeanors' on U.S. governance and public trust.
  • 'High crimes and misdemeanors' lacks a precise legal definition, which can lead to differing interpretations by lawmakers and increased political tension during impeachment proceedings. This ambiguity allows for potential misuse as political tool against opponents but also ensures accountability for misconduct. Balancing these outcomes is crucial; while it promotes oversight of officials, it can simultaneously undermine public trust if perceived as politically motivated rather than based on objective criteria.

Related terms

Impeachment: The formal process by which a sitting president, vice president, or other federal officials can be charged with misconduct, potentially leading to removal from office.

Constitution: The supreme law of the United States that outlines the framework of government and the rights of citizens, including the procedures for impeachment.

Due process: A legal principle ensuring that individuals are given fair treatment through the judicial system, important in impeachment trials to uphold justice and integrity.