Impeachment Primer and FAQs Summary

Overview of Impeachment

• Definition: Power of Congress to remove public officials for serious crimes/misconduct.
• Purpose: To ensure public officials are fit for office, as a political safeguard.
• Nature: Sui generis; neither civil nor criminal; political in character.

Impeachable Officials

• Article XI, Section 2 of the Constitution includes:

1. The President
2. The Vice-President
3. Members of the Supreme Court
4. Members of Constitutional Commissions
5. The Ombudsman

Grounds for Impeachment

• Culpable violation of the Constitution
• Treason
• Bribery
• Graft and corruption
• Other high crimes
• Betrayal of public trust

Impeachment vs. Criminal Case

• Sole function of impeachment is to remove an official; it is political, no imprisonment.
• Conviction does not require proof beyond reasonable doubt.

Stages of Impeachment Process

1. Initiation: Begins in the House of Representatives.
2. Trial: Senate conducts trial on Articles of Impeachment.

Initiating an Impeachment Case

• Can start via verified complaint by:
• A Member of the House
• A citizen with endorsement
• A resolution by 1/3 of House Members.
• No more than one case per official per year.

Articles of Impeachment

• Contain grounds for potential conviction by the Senate.

Trial Process

• Senate conducts public trial after swearing in members.
• Both sides present cases; senators can ask questions extensively.
• At least 2/3 of senators must agree on conviction.

Consequences of Impeachment

• If convicted: Official removed, cannot hold future office.
• If acquitted: Can still face future impeachment; no barrier.

Judicial Review in Impeachment

• Supreme Court can review compliance with constitutional procedures but cannot reverse convictions.

Miscellaneous Questions

• If the Vice-President is removed, nominated by President; convicted and impeached officials can be tried across different Congresses.
• Senate can continue trials even when not in session under certain interpretative views.