High crimes and misdemeanors

Definition

High crimes and misdemeanors refer to a standard used in the United States Constitution for impeachment proceedings against federal officials, including the president. This term indicates serious misconduct or violations of law that warrant removal from office, though the specific definitions can vary and are subject to interpretation. The concept plays a crucial role in the political process, particularly during moments of significant conflict between branches of government.

5 Must Know Facts For Your Next Test

1. The term 'high crimes and misdemeanors' is intentionally vague, allowing Congress considerable discretion in determining what constitutes impeachable offenses.
2. Andrew Johnson was impeached in 1868 primarily because he defied the Tenure of Office Act by attempting to remove Edwin Stanton, the Secretary of War, from his position.
3. The House of Representatives voted to impeach Johnson with charges that included violating the Tenure of Office Act, but he was acquitted by one vote in the Senate trial.
4. The impeachment of Andrew Johnson highlighted the tensions between Congress and the presidency during Reconstruction, setting important precedents for future impeachment cases.
5. Subsequent interpretations of 'high crimes and misdemeanors' have evolved, often reflecting the political context and attitudes of lawmakers at the time.

Review Questions

• What role did 'high crimes and misdemeanors' play in Andrew Johnson's impeachment process?
  • 'High crimes and misdemeanors' served as the basis for charging Andrew Johnson with misconduct when he attempted to remove Secretary of War Edwin Stanton in defiance of the Tenure of Office Act. The House determined that his actions warranted impeachment under this constitutional standard, arguing that it constituted a violation of law and an abuse of presidential power. The process underscored how this term could be interpreted broadly to encompass political conflicts as well as legal violations.
• Analyze how the ambiguity surrounding 'high crimes and misdemeanors' has impacted historical impeachment cases, particularly Andrew Johnson's.
  • The ambiguity of 'high crimes and misdemeanors' allowed Congress to apply this standard flexibly during Andrew Johnson's impeachment. Critics argued that his actions were politically motivated rather than criminal in nature, raising questions about the legitimate grounds for impeachment. This has led to ongoing debates about the limits of executive power and legislative authority, influencing not only Johnson’s case but also shaping future impeachment proceedings, such as those involving Richard Nixon and Bill Clinton.
• Evaluate the significance of 'high crimes and misdemeanors' in shaping American political culture and constitutional interpretation throughout history.
  • 'High crimes and misdemeanors' is pivotal in shaping American political culture as it represents a constitutional check on executive power. Its significance lies in how it reflects changing attitudes toward accountability in government; instances like Andrew Johnson's impeachment illustrate tensions between branches that persist today. Over time, interpretations have evolved, affecting how officials conduct themselves while in office. This concept continues to serve as a critical lens through which Americans assess presidential conduct and the appropriateness of invoking impeachment as a remedy for perceived abuses.

Related terms

Impeachment: The process by which a legislative body levels charges against a government official, potentially leading to their removal from office.

Andrew Johnson: The 17th president of the United States, whose impeachment in 1868 was primarily driven by his violation of the Tenure of Office Act and broader political conflicts.

Tenure of Office Act: A law passed in 1867 that restricted the president's power to remove certain officeholders without the Senate's approval, which became a focal point in Andrew Johnson's impeachment.