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How does impeachment work? Here is the step-by-step process

By Debbie Lord, Cox Media Group National Content Desk
April 22, 2019

Here is a look at what impeachment is and why it doesn’t necessarily mean removal from office.

How does impeachment work?

Impeachment was established by the framers of the Constitution as a way to accuse a president of a crime and to hold a trial to determine if he is guilty of that crime. The Constitution lays out two specific actions, treason and bribery, that could lead to impeachment and removal of a president from office.

The system also allows for a broader category to accuse a president of crime, although that category is more vague.

A president can also be charged with and found guilty of "high crimes and misdemeanors." What exactly constitutes high crimes and misdemeanors is not defined in the Constitution, making impeachment on that basis more difficult.

By design, it is not easy to get rid of a president. Here are the steps in the process for impeaching a president:

The hearing in the Senate, along with a charge in the House that the president has committed a crime is not a legal one. No penalty, other than removal from office, is brought against a president in an impeachment hearing.

Impeachment trials have been held twice in the country’s history -- for President Andrew Johnson and for President Bill Clinton -- and both ended in acquittals: meaning the presidents were impeached by the House, but not convicted and removed from office by the Senate.

One vote kept Johnson from being convicted of firing the secretary of war in 1868, which went against a tenure act.

In 1999, the Senate was 22 votes shy of convicting Clinton of perjury and obstruction of justice stemming from a sexual harassment lawsuit filed against him by Paula Jones.

About the Author

Debbie Lord, Cox Media Group National Content Desk

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