United States Constitution ExamPreparationImpeachment

Impeachment

• Who can be Impeached–President–Vice-President–Federal Judges–Political Appointees–Congress Members

Impeachment

• Begins in the House of Representatives–Charges brought up–Simple Majority needed to Impeach

Impeachment

• Trial of Impeachment in the Senate–2/3 needed to convict

–100 Senators = Jury

–Vice President = Judge• If the President or Vice President are impeached, the Chief Justice is the Judge

Impeachment

• Conviction–Senate votes on Punishment

–Only possibilities•Removal from Office•Barred from holding public office again

Impeachment

• Only Two Presidents have been Impeached

Impeachment History

• List of Impeached Officials in American History:– William Blount (Senator, Tennessee) - 1797

• Impeached by House in 1797, but dismissed two months later due to the fact that he had already been expelled by the Senate. Impeached for “high misdemeanor, entirely inconsistent with his public duty and trust as a Senator”

– John Pickering (District Judge, N. Hampshire) - 1803• Impeached by House in 1803 and convicted by the

Senate in 1804 on two charges of ”drunkenness” and “unlawful rulings.” Removed from Office

Impeachment History

– Samuel Chase (Assoc. Judge, Supreme Court) - 1804• Impeached by House in 1804 on eight charges: Two

charges of misconduct during a trial, one charge of mishandling a trial, four charges of making procedural errors while a judge, and one charge for “inappropriate remarks” to a Grand Jury. He was acquitted of all charges in 1805.

– James H. Peck (District Judge, Missouri) - 1830• Impeached by House in 1830 on a charge of abuse of

his power as federal judge.” Peck was acquitted of the charge in 1831.

Impeachment History

– West Hughes Humphreys (District Judge, Tennessee) - 1862

• Impeached by House in 1862 on seven charges of impeachment: Publically calling for secession, giving aid to the Confederates, conspiring with Jefferson Davis, serving as a Confederate Judge, confiscating property of two federal officials, and false imprisonment Union sympathizer. Removed from Office by unanimous vote of the Senate.

– President Andrew Johnson - 1868• Impeached by House on ten charges: Wrongful dismissal

of an official, two charges of unlawful appointment, conspiring to keep someone from office, two charges to seize property unlawfully, one charge of not following the law, two charges of ordering officials to break the law, and making three disrespectful speeches about the Congress. Johnson was acquitted of all charges by one vote.

Impeachment History

– Mark Delahay (District Judge, Kansas) - 1873• Impeached by the House on the charge of alcoholism.

Delahay resigned before a trial was held and the trial was dismissed.

– William W. Belknap (Secretary of War) - 1876• Impeached by House after he resigned from office on

the charge of bribery. He was acquitted by the Senate that same year.

– Charles Swayne (District Judge, North Florida) - 1904• Impeached by the House on the five charges: Filing false

travel vouchers, improper use of private railroad cars, unlawful imprisonment of two attorneys and living outside his district. He was acquitted on all charges.

Impeachment History

– Robert W. Archbald (Appeals Judge – 3rd Circuit) - 1912

• Impeached by the House on 13 charges of impeachment by a vote of 223-1. Four charges of bribery, five charges of accepting gifts, one charge of corrupt practices during jury selection, and one charge of bringing the Judiciary into disrepute. In 1913, he as convicted on 5 of the 13 charges and Removed from Office.

– George W. English (District Judge, East Illinois) - 1926• Impeached by House for abusive behavior in the

courtroom. He resigned from office that year and the Senate dismissed the trial.

Impeachment History

– Harold Louderback (District Judge – Northern California) - 1933

• Impeached by the House on four charges of impeachment: Four charges of corruption in bankruptcy cases and one charge of bringing the Judiciary into disrepute. Louderback was acquitted on all charges.

– Halsted L. Ritter (District Judge, Southern Florida) - 1936

• Impeached by House on seven charges: One charge of embezzlement, one charge of favoritism in court, two charges of practicing law while being a judge, two charges of tax evasion, and one charge of bringing the Judiciary into disrepute. He was found guilty on the last charge and was Removed from Office.

Impeachment History

– Harry E. Claiborne (District Judge – Nevada) - 1986• Became the first federal judge convicted of a crime

while on the federal bench. While in prison he was impeached by the House on two charges of tax evasion and one charge of bringing the Judiciary into disrepute. He was found guilty and Removed from Office.

– Alcee Hastings (District Judge, Southern Florida) - 1988

• Impeached by the House for accepting a bribe and perjury by a vote of 413-3. He was convicted by the Senate and Removed from Office. However, he was not barred from holding public office and in 1993 was elected to the US House of Representatives. He still holds his office to this day.

– Walter Nixon (District Judge – S. Mississippi) - 1989• Impeached on charge of perjury before a Grand Jury. He

was found guilty and Removed from Office.

Impeachment History

– President Bill Clinton - 1998• House convicted him of perjury before a Grand Jury and

obstruction of justice He was not charged with two other counts of perjury in the Paula Jones case and abuse of office. President Clinton was acquitted by the Senate on both charges.

– Samuel B. Kent (District Judge, Southern Texas) - 2009

• In 2008, Judge Kent pleaded guilt of one count of obstruction of justice in a case against him of attempted aggravated sexual abuse. When he did not resign from the bench, he was impeached on four counts by the House: Two counts of sexual misconduct towards federal employees, one count of obstruction of justice, and one count perjury. Judge Kent resigned and the Senate dismissed the proceedings.

Impeachment History

– Thomas Porteous (Federal Judge, Eastern Louisiana) - 2010

• In 2009, he was unanimously charged by the House on four counts: False statements to investigators, perjury, corruption, and behavior unbecoming a federal judge. Judge Porteous was convicted and Removed from Office in 2010.

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