How to Impeach a President
You never know when the president will need to be impeached. Some people have hoped to get impeachment for the past two years or so; others may bookmark this page in case it comes in handy in the future. This is what the Constitution says when we are faced with ” high treason , bribery or other serious crimes and misconduct.”
First, the House of Representatives proposes articles of impeachment.
The process must start at Home. Section 2 of Article 1 of the Constitution reads as follows:
The House of Representatives elects its Speaker and other officials; and has the exclusive right to impeachment.
There is no process specified for this, so the members of the House must decide how to discuss this. The New York Times reports that when Presidents Clinton and Nixon were impeached, the articles were first brought before a House Judiciary Committee.
The Senate then holds a trial
After the House of Representatives votes to impeach, everything else happens in the Senate. Section 3 of Article 1 of the Constitution reads as follows:
The Senate has exclusive power to hear all impeachment cases. Sitting for this purpose, they take an oath or declaration. When the President of the United States is tried, the Chief Justice presides: and no person can be convicted without the consent of two-thirds of the members present.
Impeachment decisions shall not extend further than removal from office and disqualification from holding or holding any honorary, confidential, or lucrative office in the United States; but the convicted Party is nevertheless responsible and subject to charge, trial, sentence and punishment in accordance with the law.
So, the Senate is holding a trial under the chairmanship of the Chief Justice. Technically, this is not a criminal trial, and it does not depend on its results whether the president goes to jail. To remove the president from office, the Senate receives a two-thirds majority.
However, if the president is removed, they can no longer hold the office, and they are now subject to trial for their crimes just like the rest of us.
No president has been removed by impeachment (yet)
It is difficult enough to get the process started, but even if the House and Senate cooperate, removal from office is not guaranteed. In fact, it never happened (for the president). Andrew Johnson was prosecuted, acquitted and served the remainder of his sentence. It’s the same with Bill Clinton. Richard Nixon resigned before the House of Representatives could vote on the Articles of Impeachment approved by the Judicial Committee.