The impeachment process at the federal and state levels involves distinct but somewhat analogous steps. Below is a detailed outline of the specific steps in both federal and state impeachment procedures:
Federal Impeachment Process
1. Initiation and Investigation in the House of Representatives
- The process often begins with an impeachment inquiry, which is an investigation conducted by House committees, typically the Judiciary Committee, to examine allegations of wrongdoing by a federal official such as the president or a judge. This inquiry may include public hearings and gathering evidence.
- The inquiry can be initiated by a member of the House or by referral from other sources such as the Judicial Conference or a special prosecutor.
- After investigation, the Judiciary Committee votes on whether there are grounds for impeachment
2. Drafting and Approval of Articles of Impeachment
- If the committee finds sufficient grounds, it drafts articles of impeachment, which are formal charges against the official.
- The full House debates these articles and votes on them. A simple majority vote is required to approve any article. Approval of one or more articles means the official is "impeached," which is analogous to an indictment in criminal law
3. Transmission to the Senate and Trial
- The House appoints "House managers" who act as prosecutors during the Senate trial.
- The articles of impeachment are formally delivered to the Senate, which then schedules the trial.
- In the case of a presidential impeachment, the Chief Justice of the United States presides over the Senate trial; for other officials, the Vice President or Senate President pro tempore presides
4. Senate Trial and Deliberation
- The Senate conducts a trial where House managers present the case, the impeached official or their attorneys mount a defense, and senators act as the jury. Witnesses may be called and cross-examinations conducted.
- Senators take an oath to perform their duties honestly and diligently
5. Senate Vote and Outcome
- After deliberation, the Senate votes on whether to convict the official on the articles of impeachment.
- Conviction requires a two-thirds supermajority of senators present.
- If convicted, the official is removed from office and may also be barred from holding future federal office by a separate majority vote
State Impeachment Process (Example: Governors)
1. Impeachment by State Legislature's Lower Chamber
- In all states except Oregon, the state legislature has the power to impeach governors or other officials.
- The process usually starts when the lower chamber (often called the House of Representatives or Assembly) votes to impeach by formally charging the official with misconduct or crimes related to office
2. Trial by State Legislature's Upper Chamber
- The upper chamber (Senate) acts as the court of impeachment and holds a trial.
- Procedures vary by state; for example, Missouri uses a panel of seven judges selected by the Senate to try the impeachment, requiring a supermajority vote for conviction
3. Conviction and Removal
- Conviction typically requires a supermajority vote (often two-thirds or a similar threshold) in the upper chamber or by the designated trial panel.
- Upon conviction, the official is removed from office and may be barred from holding future office
Summary Table: Federal vs. State Impeachment Process
Step| Federal Impeachment| State Impeachment (Governors)
---|---|---
Initiation| House impeachment inquiry and investigation| Lower chamber (House)
votes to impeach
Charging| House Judiciary Committee drafts articles| Lower chamber formally
impeaches
Trial| Senate trial presided by Chief Justice (president) or VP (others)|
Upper chamber or special panel conducts trial
Vote for Conviction| Two-thirds of Senate required| Supermajority vote or
panel decision required
Outcome| Removal from office and possible disqualification| Removal from
office and possible disqualification
This process ensures a system of checks and balances by involving both legislative chambers in charging and trying officials accused of serious misconduct
