A president can be impeached when the House of Representatives votes by simple majority to approve articles of impeachment charging treason, bribery, or other high crimes and misdemeanors. That vote is only the accusation. Removal from office requires a separate trial in the Senate and a two-thirds vote to convict. The whole process is political, not criminal, and no president has ever been convicted and removed.
Grounds That Qualify
The Constitution names three categories of impeachable conduct: treason, bribery, and “other high Crimes and Misdemeanors.”1Legal Information Institute (LII). Overview of Impeachable Offenses Treason means waging war against the United States or helping its enemies. Bribery means offering or accepting something of value to influence an official act.
The third category is deliberately broad. It does not require breaking any criminal statute. It covers serious abuses of presidential power, breaches of the public trust, and conduct that undermines the integrity of the office. The Framers left it to Congress to decide what rises to that level, so the boundaries shift with political judgment and historical context. Every presidential impeachment has involved sharp debate over whether the alleged conduct actually qualifies.
The House Vote
The Constitution gives the House of Representatives the “sole Power of Impeachment.”2Legal Information Institute. The Power of Impeachment Overview Any member can start the process by introducing a resolution. A resolution calling for impeachment is referred to the Judiciary Committee; one calling for an investigation goes to the Rules Committee.3Library of Congress. The Impeachment Process in the House of Representatives
The investigating committee gathers evidence, holds hearings, and can compel testimony. If it finds sufficient grounds, it drafts Articles of Impeachment and votes on whether to send them to the full House. The full House then debates and votes on each article separately. A simple majority approves an article.4U.S. Senate. About Impeachment Think of this stage as an indictment: a formal accusation, not a finding of guilt. Once at least one article passes, the president is officially impeached and the matter moves to the Senate.
The Senate Trial
The Senate holds the “sole Power to try all Impeachments” and sits as a High Court of Impeachment for the trial.4U.S. Senate. About Impeachment When the president is the defendant, the Chief Justice of the United States must preside.5Legal Information Institute. Impeachment Trial Practices Senators serve as the jury. A group of House members called “managers” acts as prosecutors. The president has the right to legal counsel and can present evidence and call witnesses.
The Senate sets its own procedural rules and is not bound by the Federal Rules of Evidence. The Constitution imposes only three requirements: senators must be under oath, conviction requires a two-thirds vote of senators present, and the Chief Justice presides when the president is on trial.6Cornell Law School. Senate Practices in Impeachment Everything else, including whether to hear live testimony, is at the Senate’s discretion.
Conviction, Removal, and What Comes After
If fewer than two-thirds of senators present vote to convict on every article, the president is acquitted and stays in office with no formal consequences for the term.
If two-thirds do convict on at least one article, removal is immediate and there is no appeal. The Constitution caps the penalty at removal and, optionally, a ban on holding any future federal office.7Constitution Annotated. Article I Section 3 Clause 7 Disqualification is not automatic. The Senate votes on it separately after conviction, and historically only a simple majority has been required for that vote. A convicted president also loses the pension, office allowances, and other benefits available under the Former Presidents Act.
Impeachment is a political remedy, not a criminal punishment. The Constitution states that a person convicted through impeachment remains “liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”8Cornell Law School. Doctrine on Impeachment Judgments A later criminal prosecution for the same conduct is not double jeopardy. And the presidential pardon power does not reach cases of impeachment, so no president can pardon anyone, including themselves, out of the impeachment process.9Constitution Annotated. Overview of Pardon Power
When removal occurs, the Vice President becomes President under Section 1 of the Twenty-Fifth Amendment.10Constitution Annotated. Overview of Twenty-Fifth Amendment, Presidential Vacancy and Disability If there is no Vice President, federal law sets the order: Speaker of the House, President pro tempore of the Senate, then Cabinet secretaries starting with the Secretary of State.11Office of the Law Revision Counsel. 3 US Code 19 – Vacancy in Offices of Both President and Vice President
Impeachment Versus the 25th Amendment
Impeachment addresses misconduct. The 25th Amendment addresses incapacity, and the two are not interchangeable. Under Section 4 of the 25th Amendment, the Vice President and a majority of the Cabinet can declare the president unable to carry out the duties of the office, and the Vice President then takes over as Acting President.10Constitution Annotated. Overview of Twenty-Fifth Amendment, Presidential Vacancy and Disability That transfer is designed to be temporary; the president can reclaim power by declaring in writing that no inability exists, with Congress resolving any dispute by a two-thirds vote of both chambers. An impeachment conviction, by contrast, is permanent, with no mechanism to reverse it.
Presidents Who Have Faced It
Only three presidents have been impeached by the House. Andrew Johnson was impeached in 1868 over his defiance of Congress during Reconstruction. Bill Clinton was impeached in 1998 on charges related to perjury and obstruction of justice. Donald Trump was impeached twice: in December 2019 on charges of abuse of power and obstruction of Congress tied to his dealings with Ukraine, and again in January 2021 on a single charge of incitement of insurrection after the January 6 attack on the Capitol.12U.S. Senate. About Impeachment – Impeachment Cases All three were acquitted by the Senate. Johnson’s acquittal came within one vote of the two-thirds threshold.
Richard Nixon is often associated with impeachment, but he was never actually impeached. In 1974, the House Judiciary Committee approved three articles against him over Watergate, but Nixon resigned on August 9, 1974, before the full House voted.13Constitution Annotated. President Richard Nixon and Impeachable Offenses