Impeachment in the United States

Impeachment in the United States is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Impeachment might also occur with tribal governments as well as at the local level of government.

The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. This triggers a federal impeachment trial in the United States Senate, which can vote by a 2/3 majority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office

Most state legislatures can impeach state officials, including the governor, in accordance with their respective state constitution. A number of organized United States territories do as well. Additionally, impeachment is a practice of other governments bodies, such as tribal governments.

Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Also because the conviction is not a punishment, the president of the United States is constitutionally precluded from granting a pardon to impeached and convicted persons that would protect them from the consequences of a conviction in an impeachment trial.

Federal impeachment

Main articles: Federal impeachment in the United States and Federal impeachment trial in the United States

 

The 1999 impeachment trial of President Bill Clinton, Chief Justice William Rehnquist presiding

 

The 2020 first impeachment trial of Donald Trump, Chief Justice John Roberts presiding

Constitutional provisions

Article I, Section 2, Clause 5 of the United States Constitution provides:

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article I, Section 3, Clauses 6 and 7 provide:

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article II, Section 2 provides:

[The President] ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

Article II, Section 4 provides:

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.^[1]

The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors",^[2] but does not itself define "high crimes and misdemeanors".

The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The Constitution does not articulate who qualifies as a "civil officer of the United States".^[3] Federal judges are subject to impeachment.^[4] Within the executive branch, any presidentially appointed "principal officer", including a head of an agency such as a Secretary, Administrator, or Commissioner, is a "civil officer of the United States" subject to impeachment.^[5] At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by the president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law.

The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment.^[6] As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members ... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member" (see List of United States senators expelled or censured and List of United States representatives expelled, censured, or reprimanded). This allows each House to expel its own members without involving the other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee.^[7]

The constitutional text is silent on whether an officer can be tried after the officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and the Senate has been willing to try the official after resignation. In 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War. The Senate held by a 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial.^[8] The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump, which commenced 20 days after Trump's term in office expired, although Trump's impeachment itself occurred while he was President. By a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.^[9]

The Constitution does not limit the number of times an individual may be impeached. As of 2022, Donald Trump is the only federal officer to have been impeached more than once.

Process

At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry, though this is not a required stage.^[10] The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate.

• First, the House investigates through an impeachment inquiry.
• Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached".
• Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States. Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present. The result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a majority of senators present.^[11][12][13]

Impeachment in the House of Representatives

 

First day of the Judiciary Committee's formal impeachment hearings against President Nixon, May 9, 1974

Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor, the president, or state or territorial legislature, grand jury, or by petition. An impeachment proceeding formally begins with a resolution adopted by the full House of Representative.^[10]

An impeachment resolution may first pass through a House committee before the full House votes on it.^[10] The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required, US Constitution and US law).

Either as part of the impeachment resolution or separately specific grounds and allegations of for impeachment will be outlined in one or more articles of impeachment.

The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article for the resolution as a whole to pass. If the House votes to impeach, managers (typically referred to as "House managers", with a "lead House manager") are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the Speaker of the United States House of Representatives. These managers are roughly the equivalent of the prosecution or district attorney in a standard criminal trial. Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers then appear before the bar of the Senate and exhibit the articles of impeachment. After the reading of the charges, the managers return and make a verbal report to the House.^{[citation needed]}

Trial in the Senate

Main article: Federal impeachment trial in the United States

 

Depiction of the impeachment trial of President Andrew Johnson in 1868, Chief Justice Salmon P. Chase presiding.

Senate rules call for an impeachment trial to begin at 1 pm on the day after articles of impeachment are delivered to the Senate, except for Sundays. There is no timeframe requirement for when the managers must actually deliver the articles of impeachment to the Senate. On the set date, senators are sworn in for the impeachment trial.^[14]

The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations.^[15] The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defense with his or her own attorneys as well. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached.^[16] The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State.^[15]

Upon conviction in the Senate, the official is automatically removed from office and may by a separate vote also be barred from holding future office. The Senate trial is not an actual criminal proceeding and more closely resembles a civil service termination appeal in terms of the contemplated deprivation. Therefore, the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding. The president may not grant a pardon in the impeachment case, but may in any resulting federal criminal case (unless it is the president who is convicted and thus loses the pardon power). However, whether the president can self-pardon for criminal offenses is an open question, which has never been reviewed by a court.^{[17][failed verification – see discussion]}

Beginning in the 1980s with Harry E. Claiborne, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI.^[15] These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber's time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as this did not meet the constitutional requirement for their cases to be "tried by the Senate". Several impeached judges, including District Court Judge Walter Nixon, sought court intervention in their impeachment proceedings on these grounds. In Nixon v. United States (1993),^[18] the Supreme Court determined that the federal judiciary could not review such proceedings, as matters related to impeachment trials are political questions and could not be resolved in the courts.^[19]

In the case of impeachment of the president, the Chief Justice of the Supreme Court presides over the trial. During the second impeachment trial of Donald Trump, some Senate Republicans argued that the Chief Justice was required to preside, even though Trump was no longer the President when the trial began. However, by a 55–45 vote, the Senate rejected a motion asserting that the trial was unconstitutional.^[20] The trial was presided over by President pro tempore Patrick Leahy.

The Constitution is silent about who would preside in the case of the impeachment of a vice president. It is doubtful the vice president would be permitted to preside over their own trial.^{[citation needed]} As president of the Senate, the vice president would preside over other impeachments. If the vice president did not preside over an impeachment (of anyone besides the president), the duties would fall to the president pro tempore of the Senate.

To convict an accused, "the concurrence of two thirds of the [senators] present" for at least one article is required. If there is no single charge commanding a "guilty" vote from two-thirds of the senators present, the defendant is acquitted and no punishment is imposed.

Removal and disqualification

Conviction immediately removes the defendant from office. Following the vote on conviction, the Senate may by a separate vote also bar the individual from holding future federal office, elected or appointed. As the threshold for disqualification is not explicitly mentioned in the Constitution, the Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds supermajority. The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office.^[21][22][23]

Conviction does not extend to further punishment, for example, loss of pension. After conviction by the Senate, "the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law"^[24] in the regular federal or state courts. However, the Former Presidents Act of 1958, which provides a pension and other benefits, does not extend to presidents who were removed from office following an impeachment conviction. Because of an amendment to that law in 2013, a former president who has been removed from office due to impeachment and conviction is still guaranteed lifetime Secret Service protection.^[25]

List of federal impeachments

See also: U.S. presidential impeachment

The House has approved articles of impeachment 21 times for 20 federal officers. Of these:

• Fifteen were federal judges: thirteen district court judges, one court of appeals judge (who also sat on the Commerce Court), and one associate justice of the Supreme Court
• Three were sitting presidents: Andrew Johnson, Bill Clinton, and Donald Trump (impeached twice).^[26]
• One was a Cabinet secretary
• One was a U.S. Senator.

Of the 21 impeachments by the House, eight defendants were convicted and removed from office, four cases did not come to trial because the individuals had left office and the Senate did not pursue the case, and nine ended in acquittal. To date, every convicted official was a federal judge.^[27][28] Of the eight to have been convicted and removed, three were disqualified from ever holding federal office again by the Senate.^[23] One of the remaining five is former congressman Alcee Hastings (D-Florida), who was convicted and removed from office as a federal judge in 1989, but was not barred from holding federal office, only to be elected to the United States House of Representatives in 1992, a seat he held until his death on April 6, 2021.

No president impeached by the House has been convicted by the Senate. In two cases, a Senate majority voted to convict an impeached president, but the vote fell short of the required two-thirds majority and therefore the impeached president was not convicted. The two instances where this happened were the Senate trial of Andrew Johnson in 1868 (where Johnson escaped conviction by one vote), and the second Senate trial of Donald Trump in 2021, where Trump missed conviction by 10 votes.^[29]

The following table lists federal officials who were impeached. Blue highlight indicates presidents of the United States.

#	Date of impeachment	Accused		Office	Accusations	Result^[Note 1]
1	July 7, 1797		William Blount	United States Senator (Tennessee)	Conspiring to assist Britain in capturing Spanish territory	Senate expelled him from the chamber on their own authority on July 8, 1797. The House approved articles of impeachment on January 28, 1798.^[30]^[31] At the end of the trial on January 11, 1799, Senate voted that they did not have jurisdiction.^[Note 2]^[32]
2	March 2, 1803		John Pickering	Judge (District of New Hampshire)	Drunkenness and unlawful rulings	Convicted; removed on March 12, 1804^[30]^[32]^[33]
3	March 12, 1804		Samuel Chase	Associate Justice (Supreme Court of the United States)	Political bias and arbitrary rulings, promoting a partisan political agenda on the bench^[34]	Acquitted on March 1, 1805^[30]^[33]
4	April 24, 1830		James H. Peck	Judge (District of Missouri)	Abuse of power^[35]	Acquitted on January 31, 1831^[30]^[33]^[32]
5	May 6, 1862		West Hughes Humphreys	Judge (Eastern, Middle, and Western Districts of Tennessee)	Supporting the Confederacy	Convicted; removed and disqualified on June 26, 1862^[32]^[30]^[33]
6	February 24, 1868		Andrew Johnson	President of the United States	Violating the Tenure of Office Act. The Supreme Court would later state in dicta that the (by then repealed) Tenure of Office Act had been unconstitutional.^[36]	Acquitted on May 26, 1868; 35–19 in favor of conviction, falling one vote short of two-thirds.^[30]^[32]
7	February 28, 1873		Mark W. Delahay	Judge (District of Kansas)	Drunkenness	Resigned on December 12, 1873^[33]^[37]
8	March 2, 1876		William W. Belknap	United States Secretary of War (resigned just before impeachment vote)	Graft, corruption	Resigned on March 2, 1876; acquitted on August 1, 1876^[30]^[32]
9	December 13, 1904		Charles Swayne	Judge (Northern District of Florida)	Failure to live in his district, abuse of power^[38]	Acquitted on February 27, 1905^[30]^[33]^[32]
10	July 11, 1912		Robert W. Archbald	Associate Justice (United States Commerce Court) Judge (Third Circuit Court of Appeals)	Improper acceptance of gifts from litigants and attorneys	Convicted; removed and disqualified on January 13, 1913^[32]^[30]^[33]
11	April 1, 1926		George W. English	Judge (Eastern District of Illinois)	Abuse of power	Resigned on November 4, 1926,^[32]^[30] proceedings dismissed on December 13, 1926^[32]^[33]
12	February 24, 1933		Harold Louderback	Judge (Northern District of California)	Corruption	Acquitted on May 24, 1933^[30]^[33]^[32]
13	March 2, 1936		Halsted L. Ritter	Judge (Southern District of Florida)	Champerty, corruption, tax evasion, practicing law while a judge	Convicted; removed on April 17, 1936^[30]^[33]^[32]
14	July 22, 1986		Harry E. Claiborne	Judge (District of Nevada)	Tax evasion	Convicted; removed on October 9, 1986^[30]^[33]^[32]
15	August 3, 1988		Alcee Hastings	Judge (Southern District of Florida)	Accepting a bribe, and committing perjury during the resulting investigation	Convicted; removed on October 20, 1989^[30]^[33]^[32]
16	May 10, 1989		Walter Nixon	Chief Judge (Southern District of Mississippi)	Perjury	Convicted; removed on November 3, 1989^[30]^[33]^[Note 3]^[32]
17	December 19, 1998		Bill Clinton	President of the United States	Perjury and obstruction of justice^[39]	Acquitted on February 12, 1999: 45–55 on perjury and 50–50 on obstruction of justice^[30]^[40]
18	June 19, 2009		Samuel B. Kent	Judge (Southern District of Texas)	Sexual assault, and obstruction of justice during the resulting investigation	Resigned on June 30, 2009,^[33]^[41] proceedings dismissed on July 22, 2009^[30]^[33]^[42]^[43]
19	March 11, 2010		Thomas Porteous	Judge (Eastern District of Louisiana)	Making false financial disclosures, corruption.	Convicted; removed and disqualified on December 8, 2010^[30]^[33]^[44]^[45]
20	December 18, 2019		Donald Trump	President of the United States	Abuse of power and obstruction of Congress	Acquitted on February 5, 2020: 48–52 on abuse of power and 47–53 on obstruction of Congress
21	January 13, 2021				Incitement of insurrection	Acquitted on February 13, 2021: 57–43 in favor of conviction on incitement of insurrection, falling 10 votes short of two-thirds.

Impeachment by state and territorial governments

 

Photograph of a scene from the 1913 impeachment of New York Governor William Sulzer

State legislatures can impeach state officials, including governors and judicial officers, in every state except Oregon.^[46][47] The court for the trial of impeachments may differ somewhat from the federal model—in New York, for instance, the Assembly (lower house) impeaches, and the State Senate tries the case, but the members of the seven-judge New York State Court of Appeals (the state's highest, constitutional court) sit with the senators as jurors as well.^[48] Impeachment and removal of governors has happened occasionally throughout the history of the United States, usually for corruption charges. At least eleven U.S. state governors have faced an impeachment trial; a twelfth, Governor Lee Cruce of Oklahoma, escaped impeachment by one vote in 1912. Several others, including Missouri's Eric Greitens in 2018, have resigned rather than face impeachment, when events seemed to make it inevitable.^[49] The most recent impeachment of a state governor occurred on January 14, 2009, when the Illinois House of Representatives voted 117–1 to impeach Rod Blagojevich on corruption charges;^[50] he was subsequently removed from office and barred from holding future office by the Illinois Senate on January 29. He was the eighth U.S. state governor to be removed from office.

In addition, the legislatures of the territories of American Samoa^[51] Northern Mariana Islands,^[52] and Puerto Rico have impeachment powers.^[53]

The procedure for impeachment, or removal, of local officials varies widely. For instance, in New York a mayor is removed directly by the governor "upon being heard" on charges—the law makes no further specification of what charges are necessary or what the governor must find in order to remove a mayor.

In 2018, the entire Supreme Court of Appeals of West Virginia was impeached, something that has been often threatened, but had never happened before.

Most states follow the same model as the United States federal government of having the lower chamber of their legislatures hold a vote to "impeach", thereby triggering an impeachment trial held in the upper chamber of their legislatures. However, several states do differ from the convention of holding the impeachment trial in the state legislature’s upper chamber. In a reverse, in Alaska it is the upper chamber of the legislature that votes to impeach while the lower chamber acts as the court of impeachment.^[46] In Missouri, after the lower chamber votes to impeach, an impeachment trial is held before the Supreme Court of Missouri, except for members of that court or for governors, whose impeachments are to be tried by a panel of seven judges (requiring a vote of five judges to convict), with the members of the panel being selected by the upper legislative chamber, the Missouri State Senate. ^[54] In Nebraska, which has a unicameral legislature, after the Nebraska Legislature votes to impeach, an impeachment trial takes place before the Nebraska Supreme Court. In Oklahoma, after an impeachment vote, both chambers of the Oklahoma Legislature act together as a court of impeachment in a joint session.^[46] In addition to all the members of its upper chamber, the state of New York's Court of the Trial of Impeachments also includes all seven members of the state's highest court, the New York Court of Appeals.^[55]

Officials impeached by state and territorial governments

Date	State		Accused	Office	Result
1791^[56]^[57]	Georgia		Henry Osborne	Superior Court judge	Removed^[58]
April 5, 1793^[59]	Pennsylvania		John Nicholson	Comptroller general of Pennsylvania	Not removed; acquitted in 1794^[59]
December 17, 1798^[60]	Tennessee		David Campbell	Judge of the Superior Court	Not removed; acquitted ^[60]
1802^[61]	Pennsylvania		Alexander Addison	District judge	Removed in January 1803^[62]
September 28, 1803^[60]	Tennessee		David Campbell	Judge of the Superior Court	Not removed; acquitted on October 6, 1803^[60]
March 23, 1804^[63]	Pennsylvania		Thomas Smith	Associate justice of the Supreme Court of Pennsylvania	Not removed; acquitted on January 28, 1805^[64]^[65]
			Edward Shippen IV	Chief justice of Pennsylvania
			Jasper Yeates	Associate justice of the Supreme Court of Pennsylvania
February 22, 1805^[66]	Ohio		William W. Irvin	Associate justice of the Fairfield County, Ohio, Court of Common Pleas	Removed on January 11, 1806^[66]
September 3, 1806^[60]	Tennessee		John Philips	Justice of the peace in Robertson County, Tennessee	Not removed; acquitted on October 24, 1807^[60]
September 3, 1806^[60]	Tennessee		Isaac Philips	Justice of the peace in Robertson County, Tennessee	Removed on October 24, 1807 and disqualified from holding state office for a period of two years^[60]
1807^[67]	Pennsylvania		Thomas McKean	Governor of Pennsylvania	Not removed; no trial held and the impeachment was abandoned^[68]
December 24, 1808^[69]	Ohio		Calvin Pease	Judge of the Third Circuit Court of Ohio	Not removed; acquitted in February 1809^[69]
December 24, 1808^[69]	Ohio		George Tod	Associate Justice of the Ohio Supreme Court	Not removed; acquitted on January 20, 1809^[69]
November 7, 1811^[60]	Tennessee		William Cocke	Judge of the First Circuit Court of Tennessee	Removed on October 10, 1812^[60]
November 3, 1821^[60]	Tennessee		Samuel H. Williams	Surveyor general of the Seventh District	Removed on August 10, 1822^[60]
April 11, 1825^[63]	Pennsylvania		Seth Chapman	Judge of the Eight Judicial District of Pennsylvania	Not removed; acquitted on February 18, 1826^[63]
April 11, 1825^[63]	Pennsylvania		Robert Porter	Judge of the Third Judicial District of Pennsylvania	Not removed; acquitted on December 31, 1825^[63]
October 27, 1829^[60]	Tennessee		Nathaniel W. Williams	Circuit Court judge	Removed on December 22, 1829^[60]
December 24, 1829^[60]	Tennessee		Joshua Haskell	Judge of the Eighth Circuit Court of Tennessee	Not removed, acquitted November 30, 1831^[60]
1832	Illinois		Theophilus W. Smith	Associate Justice, Illinois Supreme Court	Not removed; acquitted^[70]
February 9, 1857^[71]	California		Henry Bates	Treasurer of California	Found guilty in impeachment trial on March 11, 1857, resigned before this sentence was formally entered. Was disqualified from holding state office.^[71]
February 26, 1862	Kansas		Charles L. Robinson	Governor of Kansas	Not removed; acquitted^[72]
			John Winter Robinson	Secretary of State of Kansas	Removed on June 12, 1862^[73]
			George S. Hillyer	State auditor of Kansas	Removed on June 16, 1862^[73]
February 11, 1867^[60]	Tennessee		Thomas N. Frazier	Judge	Removed and disqualified from holding state office^[60]
1868	New York		Robert C. Dorn	New York Canal Commissioner	Not removed; acquitted in trial verdict on June 13, 1868^[74]
1868^[75]	Florida		Harrison Reed	Governor of Florida	Originally removed; removal overturned by Florida Supreme Court^[76]
1870^[77]	Florida		James T. Magbee	Judge of the Sixth Circuit Court of Florida	Not removed; impeachment proceedings abandoned without a verdict.^[72]
December 14, 1870^[78]	North Carolina		William Woods Holden	Governor of North Carolina	Removed on March 22, 1871^[79]
1871	Nebraska		David Butler	Governor of Nebraska	Removed^[72]
February 1872	Florida		Harrison Reed	Governor of Florida	Not removed^[80]
March 1872	New York		George G. Barnard	New York Supreme Court (1st District)	Removed
1872	Louisiana		Henry C. Warmoth	Governor of Louisiana	"Suspended from office", though trial was not held^[81]
1875^[82]	West Virginia		Edward Bennett	West Virginia state auditor	Not removed, acquitted^[82]
1875^[82]	West Virginia		John Burdette	Treasurer of West Virginia	Removed^[82]
1876	Mississippi		Adelbert Ames	Governor of Mississippi	Resigned^[72]
1888	Kentucky		James W. Tate	Kentucky State Treasurer	Removed
1901	North Carolina		David M. Furches	Chief Justice, North Carolina Supreme Court	Not removed; acquitted^[83]
			Robert M. Douglas	Associate Justice, North Carolina Supreme Court	Not removed; acquitted^[83]
June 25, 1909^[84]	Washington		J. H. Schively	Washington state insurance commissioner	Not removed; acquitted August 26, 1909^[84]
August 13, 1913^[85]	New York		William Sulzer	Governor of New York	Removed on October 17, 1913^[86]
July 1917	Texas		James E. Ferguson	Governor of Texas	Removed^[87]
1918^[88]	Montana		Charles L. Crum	Judge of Montana's Fifteenth Judicial District	Removed; found guilty on March 22, 1918^[89]
October 23, 1923	Oklahoma		John C. Walton	Governor of Oklahoma	Removed
1927^[82]	West Virginia		John C. Bond	West Virginia state auditor	Resigned on March 15, 1927, no trial held^[90]
1927	Montana		T. C. Stewart	Montana Secretary of State	Removed^[89]
1928	Massachusetts		Arthur Kenneth Reading	Attorney general of Massachusetts	Resigned^[91]
January 21, 1929	Oklahoma		Henry S. Johnston	Governor of Oklahoma	Removed
April 6, 1929^[92]	Louisiana		Huey Long	Governor of Louisiana	Not removed
June 13, 1941	Massachusetts		Daniel H. Coakley	Massachusetts Governor's Councilor	Removed on October 2, 1941
May 1958^[93]	Tennessee		Raulston Schoolfield	Judge, Hamilton County, Tennessee Criminal Court	Removed on July 11, 1958^[94]
1963^[95]	Florida		Richard Kelly	Circuit judge	Not removed; acquitted^[95]
1975^[96]	Texas		O.P. Carillo	District judge of Duval County	Removed^[97]
1975^[95]	Florida		Thomas D. O'Malley	Florida insurance commissioner	Resigned,^[98] articles of impeachment thereafter dismissed^[95]
1976^[99]	Vermont		Mike Mayo	Sheriff of Washington County, Vermont	Not removed, acquitted in impeachment trial^[99]
March 14, 1984^[100]	Nebraska		Paul L. Douglas	Nebraska Attorney General	Not removed; acquitted by the Nebraska Supreme Court on May 4, 1984^[101]
February 6, 1988^[102]	Arizona		Evan Mecham	Governor of Arizona	Removed on April 4, 1988^[103]
March 30, 1989^[104]	West Virginia		A. James Manchin	State treasurer of West Virginia	Resigned on July 9, 1989, before trial started^[105]
January 25, 1991^[106]	Kentucky		Ward "Butch" Burnette	Kentucky Commissioner of Agriculture	Resigned on February 6, 1991, before trial started^[107]
May 24, 1994^[108]	Pennsylvania		Rolf Larsen	Associate Justice of the Pennsylvania Supreme Court	Removed on October 4, 1994, and declared ineligible to hold public office in Pennsylvania^[109]
October 6, 1994^[110]	Missouri		Judith Moriarty	Secretary of State of Missouri	Removed by the Missouri Supreme Court on December 12, 1994^[111]
July 12, 2000^[112]	New Hampshire		David Brock	Chief justice of the New Hampshire Supreme Court	Not removed; acquitted on October 11, 2000^[113]
September 9, 2004^[114]	Oklahoma		Carroll Fisher	Oklahoma insurance commissioner	Resigned on September 24, 2004^[115]
November 11, 2004^[116]	Nevada		Kathy Augustine	Nevada State Controller	Not removed; censured on December 4, 2004^[117]
April 11, 2006^[118]	Nebraska		David Hergert	Member of the University of Nebraska Board of Regents	Removed by the Nebraska Supreme Court on July 7, 2006^[119]
January 8, 2009 (first vote)^[120]	Illinois		Rod Blagojevich	Governor of Illinois	Not removed, 95th General Assembly ended before a removal vote could be held
January 14, 2009 (second vote)^[121]					Removed on January 29, 2009, and declared ineligible to hold public office in Illinois^[122]
February 11, 2013^[123]	Northern Mariana Islands		Benigno Fitial	Governor of the Northern Mariana Islands	Resigned on February 20, 2013
August 13, 2018^[124]	West Virginia		Robin Davis	Associate Justices, Supreme Court of Appeals of West Virginia	Retired on August 13, 2018.^[125]
			Allen Loughry		Resigned on November 12, 2018.^[126]^[127]
			Beth Walker		Not removed; reprimanded and censured on October 2, 2018^[128]
			Margaret Workman	Chief Justice of the Supreme Court of Appeals of West Virginia	Retired on December 31, 2020.^[129]
April 12, 2022^[130]	South Dakota		Jason Ravnsborg	South Dakota Attorney General	Removed on June 21, 2022 and declared ineligible to hold office in South Dakota^[131]
November 16, 2022^[132]	Pennsylvania		Larry Krasner	District attorney of Philadelphia	TBD

State governors removed through impeachment processes

At least seven state governors have been impeached and formally removed from office:

• William Woods Holden, Democratic governor of North Carolina impeached in 1870 and removed in 1871^[133]
• David Butler, governor of Nebraska, impeached and removed in 1871^[134]
• William Sulzer, Democratic Governor of New York; false report, perjury, and suborning perjury; convicted and removed October 1913.
• James E. Ferguson, Democratic Governor of Texas, was impeached for misapplication of public funds and embezzlement. In July 1917, Ferguson was convicted and removed from office.
• Jack C. Walton, Democratic Governor of Oklahoma, was impeached for a variety of crimes including illegal collection of campaign funds, padding the public payroll, suspension of habeas corpus, excessive use of the pardon power, and general incompetence. In November 1923, Walton was convicted and removed from office.^[135]
• Evan Mecham, Republican Governor of Arizona, was impeached for obstruction of justice and misusing government funds^[136] and removed from office in April 1988.
• Rod Blagojevich, Democratic Governor of Illinois, was impeached for abuse of power and corruption, including an attempt to sell the appointment to the United States Senate seat vacated by the resignation of Barack Obama.^[137] He was removed from office in January 2009.

Impeachment by other government bodies and organizations in the United States

Other governments and organizations in the United States also utilize impeachment.

Tribal governments and other tribal organizations

Many tribal governments have impeachment, with tribes generally utilizing a similar bifurcated process to the federal government, having an impeachment vote be followed by an impeachment trial.^[138] Examples of tribal governments that have an impeachment process include the Pine Ridge Indian Reservation^[139] Northern Cheyenne Indian Reservation,^[140] Eastern Band of Cherokee Indians,^[141] and Oglala Sioux.^[142][143]

The Iroquois (Haudenosaunee) Confederacy's Great Law of Peace, which predates the constitution of the United States, includes what amounts to an impeachment process through which clan mothers can remove and replace a sachem for misdeeds. This is unique in that only a tribe's women are allowed to remove a sachem through this process.^[144][145]

A notable Native impeachment attempt was the 1975 effort to impeach Dick Wilson as chairman of the Oglala of the Pine Ridge Indian Reservation. This immediately preceded the Wounded Knee Occupation.^[146]

Examples of Native tribal officials that were impeached include:

• Locher Harjo – impeached and removed in 1876 as chief of the Lower Creeks Muscogee^[147][148]
• Johnathan L. "Ed" Taylor –impeached and removed in 1995 as principal chief of the Eastern Band of Cherokee Indians^[149][150]
• Cecilia Fire Thunder –impeached three times in 2005 and 2006 as president of the Oglala Sioux, removed on third impeachment^[151][152]
• John Red Eagle – impeached and removed in 2014 as chief of the Osage Nation^[153]
• Ben Martinez – impeached in 2016 as a member of the Mescalero Apache Tribal Council^[154]
• Patrick Lambert –impeached and removed in 2017 as principal chief of the Eastern Band of Cherokee Indians^[155][156]
• Darla Black – impeached and removed in 2019 as vice chairwoman of the Oglala Sioux Tribe^[157][158]
• Joe Brunch –impeached in 2020 as chief of the United Keetoowah Band of Cherokee Indians^[159]
• Donna Fisher –impeached and removed in 2022 as president of the Northern Cheyenne Tribal Council^[160]

Municipal governments

Some municipal governments allow for officials such as mayors to be impeached by the municipal government.^[161] Cities where municipal governments have impeachment proceedings include some major cities, such as Houston.^[162][163] One example of an impeachment by a municipal government is that of Philip Tomppert, who was removed through impeachment as the mayor of Louisville, Kentucky by the Louisville Board of Aldermen (city council) in 1865.^[164]

Other organizations

There are other organizations in the United States that have impeachment procedures, including students' union ("student government"/"student council") organizations.^[165]

Impeachment during the Colonial Era

Several of the colonies belonging to England that later formed the original states of the United States of America held impeachments. Impeachment was a process carried over from England. Unlike in modern America, but similarly to the practice of impeachment in England, in at least some colonies, impeachment was a process that could also be used to try non-officeholders. Impeachments generally used a similar bifurcated process to the common modern practice of an impeachment vote followed by an impeachment trial.^[166]

Individuals impeached by colonial governments

Date	Government	Accused	Office (and other notability)	Result	Notes	Cite
April 1635	Colony of Virginia	John Harvey	Governor of Virginia	Removed	Removal action only retrospectively been considered an impeachment	^[166]
1669	Province of Maryland	John Morecroft	Member of the Assembly of Free Marylanders	Acquitted		^[166]
1676	Province of Maryland	Thomas Trueman	None (landholding aristocrat)	Found guilty on May 27, 1676. Fined and released.		^[166]
May 27, 1676	Province of Maryland	Charles James	Sheriff of Caecill County, Maryland	Found guilty of battery and perjury on June 1, 1676 and removed from office; no criminal penalty given		^[166]
1682	Province of Maryland	Jacob Young	Indian interpreter	Found guilty and removed from office in 1663		^[166]
May 15, 1685	Province of Pennsylvania	Nicholas More	Chief justice of Pennsylvania	Found guilty and removed from office		^[166]
1706	Massachusetts Bay Colony	John Borland, Roger Lawson, William Rouse, Samuel Vetch	None (merchant captains)	Found guilty and given criminal sentences; sentences later invalidated by the Privy Council of England		^[167]^[168]
1707	Province of Pennsylvania	James Logan	Member of the Provincial Council	Impeachment abandoned for lack of a venue described by law to try the impeachment in (law at the time had allowed for impeachment by the Assembly, but ommitted prescription of a venue to try impeachments in)		^[167]
April 1719	Province of South Carolina	Nicholas Trott	Chief justice South Carolina	Found guilty and removed	Some scholars dispute that Trott's trial and removal was formally an impeachment	^[169]^[170]
1754	Province of Pennsylvania	William Moore	Justice of the peace (also a landowner and militia leader)	Impeachment process halted after Privy Council of England ruled that the Pennsylvania Assembly did not have the authority		^[167]
1774	Massachusetts Bay Colony	Peter Oliver	Chief justice of Massachusetts	Impeachment process abandoned		^[171]^[172]

Impeachment in independent governments later admitted as states

Some states were independent governments before being admitted into the United States.

Date	Government	Accused	Office (if applicable)	Result	Notes	Cite
1781	Vermont Republic	John Abbot and Daniel Martin	Vermont House members	Both found guilty and removed from office	While it was termed an impeachment, the entire impeachment process occurred in only one legislative chamber (the House)	`^[173]
1785	Vermont Republic	Matthew Lyon	Vermont Clerk	Found guilty; later retried (outcome unknown)		`^[173]

See also

• Censure in the United States
• Recall election
• Impeachment inquiry in the United States
• Impeachment in New Hampshire

Notes

1. "Removed and disqualified" indicates that following conviction the Senate voted to disqualify the individual from holding further federal office pursuant to Article I, Section 3 of the United States Constitution, which provides, in pertinent part, that "[j]udgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States."
2. During the impeachment trial of Senator Blount, it was argued that the House of Representatives did not have the power to impeach members of either House of Congress; though the Senate never explicitly ruled on this argument, the House has never again impeached a member of Congress. The Constitution allows either house to expel one of its members by a two-thirds vote, which the Senate had done to Blount on the same day the House impeached him (but before the Senate heard the case).
3. Judge Nixon later challenged the validity of his removal from office on procedural grounds; the challenge was ultimately rejected as nonjusticiable by the Supreme Court in Nixon v. United States.

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Attribution

  This article incorporates public domain material from websites or documents of the United States Government.

Further reading

• Berger, Raoul (1999). Impeachment: The Constitutional Problems. Harvard University Press. ISBN 9780674444782.
• Black, Charles L.; Bobbitt, Philip (2018). Impeachment: A Handbook. Yale University Press. ISBN 9780300238266.
• Lichtman, Allan J. (2017), The Case for Impeachment, Dey Street Books, ISBN 978-0062696823
• Sunstein, Cass R. (2017). Impeachment: A Citizen's Guide. Harvard University Press. ISBN 9780674983793.

External links

 

Wikimedia Commons has media related to Impeachment in the United States.

 

Wikisource has original text related to this article:

Constitution of the United States of America

• An Overview of the Impeachment Process at congressionalresearch.com
• Congressional Research Service at congressionalresearch.com
• Constitution Annotated - Resources about Impeachment February 18, 2020, at the Wayback Machine
• House Judiciary Committee, Constitutional Grounds for Presidential Impeachment, February 1974, and Politico story, September 2019
• U.S. Senate : Impeachment