Impeachment in The United States - History

History

In writing Article II, Section Four, George Mason had favored impeachment for "maladministration" (incompetence), but James Madison, who favored impeachment only for criminal behavior, carried the issue. Hence, cases of impeachment may be undertaken only for "treason, bribery and other high crimes and misdemeanors." However, some scholars, such as Kevin Gutzman, have disputed this view and argue that the phrase "high crimes and misdemeanors" was intended to have a much more expansive meaning.

The Congress traditionally regards impeachment as a power to use only in extreme cases; the House of Representatives has actually initiated impeachment proceedings only 62 times since 1789. Two cases did not come to trial because the individuals had left office.

Actual impeachments of 19 federal officers have taken place. Of these, 15 were federal judges: Thirteen district court, one court of appeals (who also sat on the Commerce Court), and one Supreme Court Associate Justice. Of the other four, two were Presidents, one was a Cabinet secretary, and one was a U.S. Senator. Of the 19 impeached officials, eight were convicted. One, former judge Alcee Hastings, was elected as a member of the United States House of Representatives after being removed from office.

The 1797 impeachment of Senator William Blount of Tennessee stalled on the grounds that the Senate lacked jurisdiction over him. Because, in a separate action unrelated to the impeachment procedure, the Senate had already expelled Blount, the lack of jurisdiction may have been either because Blount was no longer a Senator, or because Senators are not civil officers of the federal government and therefore not subject to impeachment. No other member of Congress has ever been impeached, although the Constitution does give authority to either house to expel members, which each has done on occasion, removing the individual from functioning as a representative or senator for misbehavior. Expulsion, unlike impeachment, cannot bar an individual from holding future office.

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