Usually, the person who holds the sole power to try all impeachment trials is a member of the House of Representatives or the Senate. However, this is not always the case. In fact, there are some precedents for the trials of impeachment.

House of Representatives

Among the United States’ three branches of government, the House of Representatives is the sole authority to initiate and try all impeachment proceedings. This includes not only federal officers, but also federal judges. The House of Representatives has the power to levy impeachment charges against a range of government officials, from the president to the secretary of state.

In 1868, the House of Representatives impeached President Andrew Johnson. It was the first time a president was tried in a court of law, although the Senate later acquitted him.

The House of Representatives has the power to make an impeachment, but only if it can garner the support of a majority of the members. To begin a successful impeachment, the person being tried must be served with the appropriate papers, such as the articles of impeachment. The house may then hold a trial in which the defendant is tried on these charges.

The House of Representatives can also pass a resolution to start a trial. In the case of an impeachment of a president, the House can elect a chief justice to preside over the trial. In 2010, former federal judge G. Thomas Porteous Jr. was convicted on four articles of impeachment.

There is no specific rule of thumb that determines whether a criminal act is an impeachable offense. The writers of the Constitution did not specify what constituted a high crime or misdemeanor. They instead borrowed the term “high Crimes and Misdemeanors” from the British legal system, which included many crimes against the state.

Senate

Among the many constitutional provisions governing the government of the United States, the Impeachment Trial Clause commits the Senate to try all impeachments. The power of impeachment is limited to the removal and disqualification of persons from federal office. The Senate is the sole court for impeachment trials.

There are several ways to impeach an official. One way is to pass a resolution of impeachment, which sets out the specific allegations and grounds for impeachment. Another method is by charges proffered on the floor of the House of Representatives. A third method is by charges referred to a committee, which is then responsible for investigating the charges. A fourth method is to send a message to the President of the United States requesting that the President and the executive branch investigate a particular person’s conduct.

The impeachment process differs from criminal courts in that it is remedial rather than punitive. It is a legislative mechanism for serious misconduct cases. The process provides a mechanism to reach cabinet officials, and has been used to investigate serious misconduct cases against Presidents and Vice Presidents.

In the Senate, the Chief Justice is the Presiding Officer and must preside over the impeachment trial. The process is similar to that of a grand jury indictment. A committee is appointed by the Senate to investigate and present evidence to the Presiding Officer. The Presiding Officer will then decide whether to convict or acquit on the article. A two-thirds vote of senators present is needed to convict on any article.

Precedents of impeachment trials

Using the impeachment process, the House of Representatives can investigate allegations of serious misconduct by a federal civil officer. The Senate may also try an official who has been accused of high crimes. However, there are some limitations to the American impeachment process. In fact, only about half of the trials have resulted in convictions.

In addition to providing a means of checking misconduct, the impeachment process has been used to remove federal civil officers who have engaged in high crimes. It is also used to remove officials who have been charged with treason. In these cases, a confession in open court and the testimony of two witnesses are required.

Although the impeachment process is used rarely, it provides a legislative mechanism for investigating allegations of serious misconduct. It also places significant demands on the legislative time and resources.

The process began in England and was later adopted by many colonial governments. It has been applied in the United States to investigate charges of bribery and other serious misconduct. It has been used to investigate charges of misconduct against Presidents, Vice Presidents, and other cabinet officials.

There are some constitutional provisions that govern the impeachment process. The Constitution, for example, specifies the power of the Senate to try impeachments. It also limits the power to remove a person from office to a conviction during an impeachment trial. In addition, the Constitution limits appropriate judgment to a prohibition against holding future offices of trust.