Impeachment Process Steps

Why This Matters

Impeachment is one of the most powerful examples of checks and balances in the Constitution—it's how the legislative branch holds the executive and judicial branches accountable. When you study this process, you're really learning about separation of powers, federalism, and the Founders' fear of concentrated authority. The AP exam loves to test whether you understand not just the steps, but why each chamber plays its specific role and what constitutional principles are at work.

Don't just memorize the sequence of events. Know which chamber does what, why the Founders split the process between the House and Senate, and what voting thresholds apply at each stage. Understanding the why behind impeachment—accountability without tyranny—will help you tackle FRQs that ask you to connect this process to broader constitutional design.

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The House Phase: Investigation and Accusation

The House of Representatives holds the sole power of impeachment under Article I. Think of the House as the grand jury in a criminal case—its job is to investigate and decide whether formal charges are warranted, not to determine guilt.

Initiation of Impeachment Proceedings

• Any House member can introduce an impeachment resolution—this low barrier ensures accountability remains accessible
• The sole power of impeachment belongs exclusively to the House, per Article I, Section 2
• A simple majority vote (218 of 435) is required to formally begin the process

Committee Investigation

• House Judiciary Committee typically leads investigations, though special committees may be formed
• Committees subpoena documents and witnesses to gather evidence—this is where the factual record is built
• The investigation determines whether "high crimes and misdemeanors" have occurred, the constitutional standard for impeachment

Drafting Articles of Impeachment

• Articles of Impeachment are formal written charges specifying the alleged offenses
• Each article must cite conduct meeting the constitutional threshold—treason, bribery, or other high crimes and misdemeanors
• The committee votes to approve articles before sending them to the full House floor

House Floor Vote

• The full House debates and votes on each article separately
• A simple majority (50% + 1) on any article results in impeachment
• Impeachment ≠ removal—it's the equivalent of an indictment, not a conviction

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The Transition: From Accusation to Trial

Once the House impeaches, the process shifts entirely to the Senate. This handoff demonstrates the Founders' intent to separate the power to accuse from the power to convict.

Transmission of Articles to the Senate

• House managers (typically 5-9 representatives) are appointed to prosecute the case
• The articles are formally delivered to the Senate, triggering the trial phase
• This transfer embodies bicameralism—requiring both chambers ensures no single body can remove officials unilaterally

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The Senate Phase: Trial and Judgment

The Senate transforms into a court for impeachment trials, with senators serving as jurors. This quasi-judicial function reflects the Founders' belief that removal required deliberation, not just political will.

Senate Trial Proceedings

• The Chief Justice presides when the President is on trial—this prevents the Vice President (who would benefit from removal) from presiding
• For all other officials, the Vice President or President Pro Tempore presides
• Senators take a special oath to do "impartial justice," distinguishing this from ordinary legislative business

Presentation of Evidence and Arguments

• House managers present the prosecution's case, calling witnesses and introducing evidence
• The accused official's defense team responds with counter-arguments and evidence
• Senators may submit written questions but traditionally do not speak during proceedings

Senate Deliberation

• Senators deliberate in closed session, weighing evidence against the constitutional standard
• Unlike regular legislation, deliberation focuses on factual and constitutional questions, not policy preferences
• This phase allows senators to move beyond partisan positions toward judgment

Senate Vote on Conviction

• Two-thirds majority (67 senators) required for conviction on any article
• Senators vote separately on each article—an official may be convicted on some charges but acquitted on others
• The supermajority requirement makes removal extremely difficult, protecting against purely partisan removals

Consequences of Conviction

• Immediate removal from office upon conviction—no appeal is possible
• The Senate may hold a separate vote to disqualify the official from future federal office (requires only simple majority)
• No criminal penalties result from impeachment itself—the Constitution explicitly allows subsequent prosecution

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Quick Reference Table

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Self-Check Questions

1. Why did the Founders require a two-thirds Senate majority for conviction rather than a simple majority? What constitutional principle does this protect?

2. Compare the roles of the House Judiciary Committee and the full House floor—what function does each serve in the impeachment process?

3. If an FRQ asks you to explain how impeachment demonstrates checks and balances, which two branches are involved and what power does each exercise?

4. Why does the Chief Justice preside over presidential impeachment trials but not trials of other federal officials? What conflict of interest does this prevent?

5. An official has been impeached by the House but acquitted by the Senate. Are they still in office? Explain the difference between impeachment and removal.