Bribery, and Other High Crimes and Misdemeanors: A History of Presidential Impeachment Investigations

exhibit banner has presidential seal with the title "Bribery, and other high crimes and misdemeanors, a History of Presidential Impeachment Investigations"

What does the U.S. Constitution say about impeachment?

Article I, Section 2, Clause 5: The House of Representatives…shall have the sole Power of Impeachment
Article I, Section 2, Clause 6: The Senate shall have the sole Power to try all impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.
Article I, Section 2, Clause 7: Judgement in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: buy the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law
Article II, Section 4: The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors

How the impeachment process works As part of its oversight and investigative responsibilities, the House of Representatives has the “sole power of impeachment” If the House votes to impeach the president, the trial is held in the Senate In an impeachment trial, the Chief Justice of the United States presides over the trial, House leaders act as prosecutors, the White House appoints the president’s defense team, and the Senate acts as the jury At the end of the trial, the Senate (the jury) votes on whether to remove the president from office (a two-thirds majority is required) If found guilty, the president is removed from office. Any fines or imprisonment for crimes committed while in office are left to civil courts

U.S. Presidents who have been the subject of formal impeachment proceedings

ANDREW JOHNSON U.S. House of Representatives Action/Charge: Impeached February 24, 1868, on charges of violating the Tenure of Office Act by removing Secretary of War Edwin Stanton from Office U.S. Senate Trial: February 25-May 26, 1868 Result: Acquitted RICHARD NIXON While the House Judiciary Committee approved three articles of impeachment against the President, for obstruction of justice, abuse of power, and contempt of Congress, Nixon, faced with almost certain impeachment in the House and conviction in the Senate, resigned on August 9, 1974, before the House could vote on the three articles of impeachment. BILL CLINTON U.S. House of Representatives Action/Charge: Impeached December 19, 1998, on charges of lying under oath to a federal grand jury and obstruction of justice U.S. Senate Trial: January 7 – February 12, 1999 Result: Acquitted DONALD TRUMP U.S. House of Representatives Action/Charge: Impeached December 18, 2019, on charges of abuse of power and obstruction of Congress U.S. Senate Trial: TBD Result: TBD

What is impeachable? “The writers of the Constitution didn’t want to tightly define high crimes and misdemeanors but gave broad examples of what it should include. Legal experts describe it as an offense against the public trust at large, not necessarily a crime defined by law. James Madison wrote in 1787 that there had to be a way to defend against “incapacity, negligence or perfidy of the chief executive” because the president might “pervert his administration” or “betray his trust to foreign powers.” Alexander Hamilton described the standard in 1788 as “abuse or violation of some public trust.” Legal experts also stress that this punishment was not intended to be used when Congress disagrees with the president’s policy decisions.” Sarah D. Wire, “Lawmakers are studying ‘what’s impeachable.’ Do you know?”

Select documents related to past impeachment proceedings

List of materials on display in the original physical exhibit case from collections of the University of Mississippi Libraries:

Main Collection
Government Documents Collection
Archives and Special Collections
- Blues Archives
- Modern Political Archives
  - James Oliver Eastland Collection
  - Trent Lott Collection
  - Gary Sisco Collection

Bribery, and Other High Crimes and Misdemeanors: A History of Presidential Impeachment Investigations

Exhibits

Bribery, and Other High Crimes and Misdemeanors: A History of Presidential Impeachment Investigations