Impeachment begins in Congress and requires a constitutional majority for accusation and a separate political process for removal. The House alone can impeach by simple majority, while the Senate conducts a trial and can remove from office only after a two-thirds vote. This overview explains who impeaches the president, the standards and procedures involved, historical precedents, and common points of confusion about what impeachment does and does not do.
Key roles in impeachment
Impeachment is a constitutional process with distinct responsibilities for each chamber of Congress and for the president themselves. Understanding who does what clarifies how removal from office can occur.
The House of Representatives
The House has the sole power to impeach, functioning like an indictment. Any member can propose an impeachment resolution, and the House Judiciary Committee commonly investigates and recommends whether to bring charges. A simple majority vote of those present and voting is required to impeach.
The Senate
The Senate holds a trial once the House impeaches. Senators sit as jurors, with the Chief Justice presiding when the president is tried. Conviction and removal require two thirds of senators present. The Senate may also vote separately to disqualify the person from future federal office.
The Chief Justice's role
When the president is tried, the Chief Justice of the United States presides over the Senate trial to ensure procedures are followed. For other officials, the vice president or a senior senator typically presides.
Constitutional standard for impeachment and removal
Impeachable offenses are not limited to criminal crimes. The Constitution specifies treason, bribery, or other high crimes and misdemeanors. This standard is political as well as legal, and the definition has evolved through practice and precedent.
| Attribute | Verified Detail | Source Type |
|---|---|---|
| Who impeaches | House of Representatives alone | U.S. Constitution, Article I, Section 2 |
| Who convicts and removes | Senate sitting as a court of impeachment | U.S. Constitution, Article I, Section 3 |
| Votes required to impeach | Simple majority of members present and voting | U.S. Constitution, Article I, Section 2 |
| Votes required to convict and remove | Two thirds of senators present | U.S. Constitution, Article I, Section 3 |
| Presiding officer at presidential impeachment trial | Chief Justice of the United States | U.S. Constitution, Article I, Section 3 |
Historical impeachments of presidents
Three U.S. presidents have been impeached by the House: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and again in 2021. None were removed by the Senate. These cases illustrate how political contexts, party control, and perceived legitimacy shape outcomes.
- Andrew Johnson: Impeached by the House, acquitted in the Senate by one vote; remained in office.
- Bill Clinton: Impeached by the House, acquitted in the Senate and completed his term.
- Donald Trump: Impeached twice by the House, acquitted both times in the Senate; remained in office after the first impeachment and left office before the second trial concluded.
What impeachment does and does not do
Impeachment removes someone from current office and can bar them from holding future federal office if the Senate votes to disqualify. It is not a criminal conviction, although criminal prosecution remains possible after removal. The process is inherently political, shaped by evidence, public opinion, and legislative judgment.
Common points of confusion
Some assume impeachment equals removal or that only criminal acts qualify. In practice, the threshold is high and the process political. The vice president does not preside over presidential impeachments, and courts generally decline to review impeachment procedures as non-justiciable political questions.
Post-impeachment consequences and accountability
After impeachment, a former official may face trial in other forums for criminal or civil liability, but the impeachment record can influence public perception and future political opportunities. The question of who impeach the president ultimately rests with the House, while the people’s representatives in the Senate determine whether that official stays in power.