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Article II, Section 4

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Constitutional Law I

Definition

Article II, Section 4 of the United States Constitution establishes the grounds and procedures for impeachment and removal of the President, Vice President, and all civil officers of the United States. This section specifies that these officials can be impeached for 'Treason, Bribery, or other high Crimes and Misdemeanors', underscoring the importance of accountability in executive power.

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5 Must Know Facts For Your Next Test

  1. Impeachment proceedings begin in the House of Representatives, where articles of impeachment are drafted and voted on.
  2. If the House approves articles of impeachment by a simple majority, the case is then sent to the Senate for trial.
  3. The Senate requires a two-thirds majority vote to convict and remove an official from office after the trial concludes.
  4. Article II, Section 4 is significant as it embodies the principle of checks and balances, allowing Congress to hold the executive accountable.
  5. Historical examples of impeachment include Andrew Johnson in 1868 and Bill Clinton in 1998, highlighting its use in American political history.

Review Questions

  • What are the specific grounds for impeachment as outlined in Article II, Section 4, and how do they reflect the framers' intentions?
    • Article II, Section 4 outlines 'Treason, Bribery, or other high Crimes and Misdemeanors' as grounds for impeachment. These criteria reflect the framers' intent to ensure that officials could be held accountable for serious misconduct that undermines public trust or violates their duties. By including these terms, the Constitution establishes a framework for addressing abuses of power while protecting against arbitrary dismissal based on political disagreements.
  • Discuss the process of impeachment as established by Article II, Section 4, detailing both the House and Senate's roles.
    • The impeachment process begins in the House of Representatives, where members can draft articles of impeachment. The House votes on these articles, requiring a simple majority for approval. If passed, the articles are sent to the Senate, where a trial is held. Senators serve as jurors, and it takes a two-thirds majority vote to convict and remove the official from office. This bifurcated process highlights the collaborative nature of governance and ensures that removal is not taken lightly.
  • Evaluate how Article II, Section 4 has been applied in historical impeachments and its impact on modern political discourse regarding accountability.
    • Article II, Section 4 has been pivotal during historical impeachments such as those of Andrew Johnson and Bill Clinton, illustrating its role in maintaining governmental accountability. The application of this section in such cases has shaped modern political discourse by reinforcing the idea that public officials must be held accountable for their actions while in office. The ongoing debates surrounding potential impeachments also underscore its relevance today, as each instance raises questions about ethics, governance, and the balance of power among branches of government.

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