Civil Society and the Rules of Impeachment in the Age of Trump

This morning, USA Today published the results of a poll that found Americans are split, 42 percent to 42 percent, on whether or not Donald Trump should be impeached.
Nearly half, 46 percent, say Trump isn’t likely to complete his first term, for whatever reason. Only about one in four, 27 percent, express confidence he’ll serve all four years of his term. Even one in 10 Republicans doubts he’ll finish his tenure.
“These results suggest that Trump is probably the most beleaguered first-term president in the country’s history, and certainly in modern history — highly unpopular among the public, with a significant portion clamoring for his impeachment barely six months after his inauguration,” says David Moore, a senior fellow at the University of New Hampshire and polling director for iMediaEthics.org, a nonprofit, non-partisan news site.
Will Donald Trump be impeached? Should he be impeached? What does “impeachment” mean, and what happens when someone is impeached? What happens afterward? These questions are being asked more and more frequently, and the answers aren’t as well known as many people think. Here, NPQ breaks down the process, the history, and the current politics of impeachment.
I. The Process
The U.S. Constitution addresses the Congressional power of impeachment in Article 2, Section 4:
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.
The process for impeachment of federal officials is detailed in Article I, Section 3:
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.
If an official is accused of “high crimes and misdemeanors,” the House of Representatives may deliberate and vote on articles of impeachment, and, if approved, an impeachment trial is held in the U.S. Senate. Technically speaking, the House impeaches; the Senate tries an impeached official.
“High crimes and misdemeanors” sounds like a criminal standard, and impeached federal officials are often accused of being involved in criminal activity. However, the purpose of impeachment is not to determine the criminal guilt or innocence of the person being impeached. Instead, the question is whether the acts committed by the federal official are serious enough to merit their being removed from office.
If grounds for impeachment are found, the (one or more, depending on the specific situation) articles of impeachment are typically drawn up by the House Judiciary Committee and referred by a majority vote of the committee to the full House for consideration. The House may then vote on the articles of impeachment. If at least one of the articles of impeachment is approved by a majority vote of the House, then the individual is said to have been impeached.
Once a federal official has been impeached, an impeachment trial is scheduled in the United States Senate. All Senators act as jurors in the impeachment trial. If the president is being impeached, the Chief Justice of the U.S. Supreme Court presides over the trial. Otherwise, the Senate is presided over using its typical procedures.
Just as in the process to impeach, the purpose of the impeachment trial in the Senate is not to determine the criminal guilt or innocence of the person having been impeached by the House. Instead, the question is whether the acts committed by the federal official are serious enough to merit their being removed from office. A two-thirds vote of senators is required to convict the federal official and remove them from office.
In the case of the impeachment of a president…
Read the full article at nonprofitquarterly.org
