The definition of impeached is straightforward but widely misunderstood: a federal official is impeached when the U.S. House of Representatives formally votes to charge that person with serious misconduct. It is an accusation, not a conviction. The official keeps the office, the title, and the salary unless the Senate later holds a trial and votes by a two-thirds supermajority to remove them. Of the 21 federal officials impeached in American history, only eight were convicted and removed.1USAGov. How Federal Impeachment Works
A useful comparison is a criminal indictment. Charges have been filed; the trial comes next. Three presidents have been impeached — Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in both 2019 and 2021 — and all four proceedings ended in acquittal by the Senate.2Office of the Historian, U.S. House of Representatives. List of Individuals Impeached by the House of Representatives Each of those presidents remained in office after being impeached.
What Conduct Counts
The Constitution limits impeachment to three categories: treason, bribery, and “other high Crimes and Misdemeanors.”3Congress.gov. U.S. Constitution Article II Section 4 – Impeachment The first two are self-explanatory. The third phrase is deliberately broad and does not require conduct that violates a criminal statute.
The language comes from British parliamentary practice, where it reached abuses like using public office for personal profit, obstructing legal proceedings, neglecting official duties, and installing cronies in positions of power. The Framers borrowed the phrase with that same scope in mind. In practice, “high crimes and misdemeanors” means serious abuses of the public trust — conduct that betrays the responsibilities of the office, whether or not a prosecutor could file a criminal charge over it.
Who Can Be Impeached
Impeachment reaches “the President, Vice President and all civil Officers of the United States.”3Congress.gov. U.S. Constitution Article II Section 4 – Impeachment That includes the president and vice president, federal judges with lifetime appointments, cabinet secretaries, and other senior executive branch officials. Most of the 21 impeachments in U.S. history have involved federal judges.1USAGov. How Federal Impeachment Works
Two categories often assumed to fall within impeachment do not. Members of Congress cannot be impeached; each chamber disciplines its own members and may expel one by a two-thirds vote.4Constitution Annotated. ArtI.S5.C2.2.1 Overview of Expulsion Clause Military personnel are also outside the process; they answer to the Uniform Code of Military Justice.5Office of the Law Revision Counsel. 10 USC Chapter 47 – Uniform Code of Military Justice
How the Process Works
Impeachment is a two-chamber process. The House of Representatives holds the sole power to impeach.6Constitution Annotated. Article I Section 2 – House of Representatives – Clause 5 Impeachment It usually begins with an investigation, often through the Judiciary Committee, which gathers evidence and hears testimony. If the committee finds grounds, it drafts articles of impeachment laying out the specific charges. Those articles then go to the full House, where a simple majority of members present and voting is enough to impeach. Once even a single article passes, the official has been impeached, and the matter moves to the Senate.7Congress.gov. ArtI.S2.C5.1 Overview of Impeachment
The Senate then acts as the court. Members of the House, called “managers,” present the case for conviction while the impeached official mounts a defense. Senators hear evidence, question witnesses, and vote on each article.8United States Senate. About Impeachment Conviction requires a two-thirds vote of senators present, a supermajority designed to prevent partisan overreach. When the president is on trial, the Chief Justice of the United States presides. In every other impeachment trial, the Senate’s usual presiding officer runs the proceeding.9Congress.gov. Article I Section 3 Clause 6 – Impeachment Trials
What Happens After the Vote
If the Senate acquits, the official continues serving as though nothing happened.1USAGov. How Federal Impeachment Works If two-thirds of the Senate votes to convict, the official is immediately removed. The Constitution caps the penalty there. No prison time, no fines, only removal and the possibility of being barred from holding federal office in the future.10Cornell Law Institute. Overview of Impeachment Judgments
That disqualification from future office is not automatic. The Senate votes on it separately, and historical practice has required only a simple majority for that vote.11Congress.gov. Impeachment and the Constitution The Senate has used the power sparingly; only three officials in U.S. history have been disqualified, all federal judges.8United States Senate. About Impeachment
Impeachment does not shield anyone from the criminal justice system. The Constitution states that a convicted party “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”10Cornell Law Institute. Overview of Impeachment Judgments Impeachment decides whether someone keeps the office. The courts decide whether they go to prison. The two run on separate tracks.
The Historical Record
The House has impeached 21 federal officials in the country’s history. Eight were convicted and removed, all of them federal judges. The rest were acquitted, resigned before the trial concluded, or had their charges dismissed.1USAGov. How Federal Impeachment Works
No president has ever been convicted. Andrew Johnson survived removal by a single vote in 1868. Bill Clinton was acquitted on both articles in 1999. Donald Trump was acquitted twice, first in 2020 on charges related to pressuring a foreign government, and again in 2021 on a charge of inciting an insurrection after he had already left office.2Office of the Historian, U.S. House of Representatives. List of Individuals Impeached by the House of Representatives Richard Nixon resigned in 1974 before the full House could vote on articles of impeachment, so he was never technically impeached at all, a distinction that often surprises people.