Impeachment is the first of two stages in a specific process for a legislative body to consider whether or not to forcibly remove a government official from office. The impeachment itself brings the charges against the official. Contrary to popular belief, impeachment is the ACCUSATION of a president of unlawful activity, and not the actual REMOVAL.
Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an
indictmentIn the common law legal system, an indictment is a formal accusation that a person has committed a criminal offence. In those jurisdictions which retain the concept of a felony, the serious criminal offence would be a felony; those jurisdictions which have abolished the concept of a felony often...
in
criminal lawThe term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply...
. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a
supermajorityA supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds majority. In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority requirement...
to convict. Although the subject of the charge is criminal action, it does not constitute a criminal trial; the only question under consideration is the removal of the individual from office, and the possibility of a subsequent vote preventing the removed official from ever again holding political office in the jurisdiction where he was removed.
The word "impeachment" derives from Latin roots expressing the idea of becoming caught or entrapped, and has analogues in the modern
FrenchFrench is a Romance language globally spoken by about 65 million people as a first language , by 50 million as a second language, and by about another 200 million people as an acquired foreign language, with significant speakers in 57 countries. Most native speakers of the language live in France,...
verb
empêcher (to prevent) and the modern
EnglishEnglish is a West Germanic language that developed in England during the Anglo-Saxon era. As a result of the military, economic, scientific, political, and cultural influence of the British Empire during the 18th, 19th, and early 20th centuries, and of the United States since the mid 20th century,...
impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin
impetere (to attack). (In its more frequent and more technical usage,
impeachmentWitness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial...
of a person in the role of a
witnessA witness is someone who has firsthand knowledge about a crime or dramatic event through their senses , and can help certify important considerations to the crime or event. A witness who has seen the event firsthand is known as an "eye-witness"...
is the act of challenging the honesty or credibility of that person.)
The process should not be confused with a
recall electionA recall election is a procedure by which voters can remove an elected official from office through a direct vote or plebiscite, initiated when sufficient voters sign a petition. Recall has a history dating back to the ancient Athenian democracy...
. A recall election is usually initiated by voters and can be based on "political charges", for example mismanagement, whereas impeachment is initiated by a constitutional body (usually a legislative body) and is usually, but not always, based on an indictable offense. The process of removing the official is also different.
Impeachment is a British invention. More specifically, the process was first used by the English "Good Parliament" in the second half of the 14th century. Following the British example, the constitutions of Virginia (1776) and Massachusetts (1780) and other states thereafter adopted the impeachment doctrine. In private organizations, a motion to impeach can be used to prefer charges.
United Kingdom
In the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
, it is the
House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 646 members, who are known as "Members...
that holds the power of initiating an impeachment. Any member may make accusations of any crime. The member must support the charges with evidence and
moveA motion, in parliamentary procedure, is a formal proposal by a member of a deliberative assembly that the assembly take certain action. The numerous types of motions include those that bring new business before the assembly as well as numerous other motions to take procedural steps or carry out...
for impeachment. If the Commons carries the motion, the mover receives orders to go to the bar at the
House of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". Parliament comprises the Sovereign, the House of Commons , and the Lords...
and to impeach the accused "in the name of the House of Commons, and all the commons of the United Kingdom." However, impeachment has not been used for over two hundred years (the last impeachment trial was of
Henry Dundas, 1st Viscount MelvilleHenry Dundas, 1st Viscount Melville PC was a Scottish lawyer and politician. He was the last person to be impeached in the United Kingdom.-Background and education:...
in 1806).
The
House of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". Parliament comprises the Sovereign, the House of Commons , and the Lords...
hears the case. The procedure used to be that the
Lord ChancellorThe Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
presided (or the
Lord High StewardThe position of Lord High Steward of England is the first of the Great Officers of State. The office has generally remained vacant since 1421, except at coronations and during the trials of peers in the House of Lords, when the Lord High Steward presides. In general, the Lord Chancellor was...
if the defendant was a
peerThe Peerage is a system of titles in the United Kingdom, which represents the upper ranks of British nobility and is part of the British honours system. The term is used both collectively to refer to the entire body of titles, and individually to refer to a specific title...
). However since the Lord Chancellor today is no longer a judge, it is not certain who would preside over an impeachment trial today. If Parliament is not in session, then the trial is conducted by a "Court of the Lord High Steward" instead of the House of Lords (even if the defendant is not a peer).
The hearing resembles an ordinary trial: both sides may call witnesses and present evidence. At the end of the hearing the lords vote on the verdict, which is decided by a simple majority, one charge at a time. Upon being called, a lord must rise and declare "guilty, upon my honour" or "not guilty, upon my honour". After voting on all of the articles has taken place, and if the Lords find the defendant guilty, the Commons may move for judgment; the Lords may not declare the punishment until the Commons have so moved. The Lords may then decide whatever punishment they find fit, within the law. A royal
pardonA pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a head of state, such as a monarch or president, or by a competent church authority. Clemency is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself. The...
cannot excuse the defendant from trial, but a pardon may reprieve a convicted defendant. However, a pardon cannot override a decision to remove the defendant from the public office they hold.
In April 1977 the
Young LiberalsYoung Liberals can mean the following:*Young Liberals , the youth wing of the Liberal Party of Australia*Young Liberals of Canada, the youth wing of the Liberal Party of Canada...
' annual conference unanimously passed a motion to call on the
LiberalThe Liberal Party was one of the two major British political parties from the mid 19th century until the rise of the Labour Party in the 1920s, and a third party of varying strength and importance up to 1988, when it merged with the Social Democratic Party to form a new party which would become...
leader (
David SteelDavid Martin Scott Steel, Baron Steel of Aikwood, KT, KBE, PC is a British and Scottish politician and a Liberal Democrat member of the UK House of Lords...
) to move for the impeachment of
Ronald King MurrayRonald King Prawn Murray, Lord Murray PC was a Scottish Labour politician and judge.Educated at George Watson's College, Edinburgh, the University of Edinburgh and Jesus College, Oxford, he served in the REME and SEAC from 1941 to 1946. He was admitted as an advocate in 1953, served as an Advocate...
QC, the
Lord AdvocateHer Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
. Mr. Steel did not call the motion but Murray (now Lord Murray, a former
Senator of the College of Justice of Scotland) agrees that the Commons still have the right to initiate an impeachment motion. On 25 August 2004,
Plaid CymruPlaid Cymru is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union.Plaid Cymru was formed in 1925 and won its first seat in 1966...
MP
Adam PriceAdam Price is a politician in Wales, and Plaid Cymru Member of Parliament for Carmarthen East and Dinefwr. He was elected to Parliament in the 2001 general election...
announced his
intention to move for the impeachmentOn 26 August 2004, a cross-party group of British MPs announced their campaign to impeach the Prime Minister of the United Kingdom at the time, Tony Blair for high crimes and misdemeanours.A campaign to impeach the US President, George W...
of
Tony BlairAnthony Charles Lynton "Tony" Blair is a British politician who served as Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
for his role in involving Britain in the
2003 invasion of IraqThe 2003 invasion of Iraq, was led by the United States, backed by British forces and smaller contingents from Australia, Denmark, Poland and Spain. Four countries participated with troops during the initial invasion phase, which lasted from March 20 to May 1...
. In response
Peter HainPeter Gerald Hain is a British, Labour Party politician, who has served in the Cabinets of both Tony Blair and Gordon Brown, firstly as Leader of the House of Commons under Blair and both Secretary of State for Work and Pensions and Secretary of State for Wales under Brown...
, the
Commons LeaderThe Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons...
, insisted that impeachment was obsolete, given modern government's responsibility to parliament. Ironically,
Peter HainPeter Gerald Hain is a British, Labour Party politician, who has served in the Cabinets of both Tony Blair and Gordon Brown, firstly as Leader of the House of Commons under Blair and both Secretary of State for Work and Pensions and Secretary of State for Wales under Brown...
had served as president of the Young Liberals when they called for the impeachment of Mr. Murray in 1977.
In 2006,
GeneralA general officer is an officer of high military rank. The term or equivalent is used by nearly every country in the world. General can be used as a generic term for all grades of general officer, or it can specifically refer to a single rank that is simply called general.-All general officer...
SirSir is an honorific used as a title , or as a courtesy title to address a man without using his given or family name in most English speaking cultures...
Michael RoseGeneral Sir Hugh "Michael" Rose KCB, CBE, DSO, QGM , often known as Mike Rose, is a retired British Army General. As well as commanding 22 SAS, he was Commander UNPROFOR Bosnia in 1994 during the Yugoslav Wars....
revived the call for the impeachment of
Tony BlairAnthony Charles Lynton "Tony" Blair is a British politician who served as Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
, then
Prime Minister of the United KingdomThe Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom and the Head of Her Majesty's Government...
, for leading the country into the invasion of Iraq in 2003 under allegedly false justification.
United States
Similar to the British system,
Article One of the United States ConstitutionArticle One of the United States Constitution describes the powers of the legislative branch of the federal government - the Congress.The Article provides that Congress consists of a House of Representatives and the Senate, establishes the manner of election and qualifications of members of each...
gives the House of Representatives the sole power of impeachment and the Senate the sole power to try convictions. Unlike the British system, conviction requires a two-thirds vote.
Impeachable offenses
In the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
, impeachment can occur both at the federal and state level. The Constitution defines impeachment at the federal level and limits impeachment to "The President, Vice President, and all civil officers of the United States" who may only be impeached and removed for "treason, bribery, or other high crimes and misdemeanors". Several commentators have suggested that
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
alone may decide for itself what constitutes an impeachable offense. In 1970, then-
House Minority LeaderParty leaders of the United States House of Representatives are elected by their respective parties in a closed-door caucus.The Majority Leader of the United States House of Representatives acts as the leader of the party that has a majority of the seats in the house...
Gerald R. Ford defined the criteria as he saw it: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history." Four years later, Ford would become president when President
Richard NixonRichard Milhous Nixon was the 37th President of the United States and is the only president to resign the office. He was also the 36th Vice President of the United States ....
resigned under the threat of impeachment.
Article III of the Constitution states that judges remain in office "during good behaviour", implying that Congress may remove a judge for bad behavior via impeachment. The House has impeached 14 federal judges and the Senate has convicted six of them.
Officials subject to impeachment
The central question regarding the Constitutional dispute about the impeachment of members of the legislature is whether members of Congress are "officers" of the United States. The Constitution grants the House the power to impeach "The President, the Vice President, and all civil Officers of the United States." Many believe firmly that members of Congress are
not officers of the United States. Others, however, believe that members are civil officers and are subject to impeachment.
The House of Representatives did impeach a senator once: Senator
William BlountWilliam Blount, was a United States statesman. He was a delegate to the Constitutional Convention for North Carolina, the first and only governor of the Southwest Territory, and Democratic-Republican Senator from Tennessee . He played a major role in establishing the state of Tennessee. He was the...
. The Senate expelled Senator Blount and, after initially hearing his impeachment, dismissed the charges for lack of jurisdiction. Left unsettled was the question whether members of Congress were civil officers of the United States. The House has not impeached a Member of Congress since Blount. As each House has the authority to expel its own members without involving the other chamber, expulsion has been the method used for removing Members of Congress.
Jefferson's ManualManual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801, is the first American book on parliamentary procedure. As vice-president of the United States, Jefferson served as the Senate's presiding officer from 1797 to 1801...
, which is integral to the Rules of the House of Representatives, states that impeachment is set in motion by charges made on the floor, charges preferred by a memorial, a member's resolution referred to a committee, a message from the president, charges transmitted from the legislature of a state or territory or from a grand jury, or from facts developed and reported by an investigating committee of the House. It further states that a proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business.
Process
The impeachment process is a two-step procedure. The
House of RepresentativesThe United States House of Representatives, commonly referred to as the "House," is the lower house of the bicameral United States Congress, the upper house being the United States Senate. The composition and powers of the House and the Senate are established in Article One of the Constitution...
must first pass by a simple majority articles of impeachment, which constitute the formal allegation or allegations. Upon their passage, the defendant has been "impeached". Next, the
SenateThe United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...
tries the accused. In the case of the impeachment of a president, the
Chief Justice of the United StatesThe Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States...
presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer. This may include the impeachment of the vice president, although legal theories suggest that allowing a person to be the judge in the case where she or he was the defendant would be a blatant
conflict of interestA conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other.A conflict of interest can only existif a person or testimony...
. If the Vice President did not preside over an impeachment (of someone other than the President), the duties would fall to the
President pro tempore of the SenateThe President pro tempore is the second-highest-ranking official of the United States Senate and the highest-ranking senator. The U.S...
.
In order to convict the accused, a two-thirds majority of the senators present is required. Conviction automatically removes the defendant from office. Following conviction, the Senate may vote to further punish the individual by barring them from holding future federal office, elected or appointed. Conviction by the Senate does not bar criminal prosecution. Even after an accused has left office, it is possible to impeach to disqualify the person from future office or from certain emoluments of their prior office (such as a pension). If there is no charge for which a two-thirds majority of the senators present vote "guilty", the defendant is acquitted and no punishment is imposed.
History of federal impeachment proceedings
Congress regards impeachment as a power to be used only in extreme cases; the House has initiated impeachment proceedings only 63 times since 1789 (most recently against Judge
Samuel B. KentSamuel B. Kent was a U.S District Court judge for the U.S. District Court for the Southern District of Texas, in the single-judge Galveston Division covering Brazoria, Chambers, Galveston, and Matagorda Counties. He was nominated by George H.W...
from the
United States District Court for the Southern District of TexasThe United States District Court for the Southern District of Texas is the Federal district court with jurisdiction over the southern part of Texas...
), and only following 18 federal officials have been impeached:
- Two presidents:
- Andrew Johnson
Andrew Johnson , the 17th President of the United States , was the first U.S. President to be impeached, as well as the first U.S. president to succeed to the presidency upon the assassination of his predecessor.At the time of the secession of the Southern states, Johnson was a U.S. Senator from...
was impeached in 1868 after violating the then-newly created Tenure of Office ActThe Tenure of Office Act , enacted over the veto of President Andrew Johnson, denied the President of the United States the power to remove from office anyone who had been appointed by the past President with the advice and consent of the United States Senate unless the Senate also approved the...
. President Johnson was acquitted by the Senate, falling one vote short of the necessary 2/3 needed to remove him from office, voting 35-19 to remove him.
- Bill Clinton
William Jefferson "Bill" Clinton was the 42nd President of the United States from 1993 to 2001. He was the third-youngest president; only Theodore Roosevelt and John F. Kennedy were younger when entering office...
was impeachedBill Clinton, President of the United States, was impeached by the House of Representatives on December 19, 1998, and acquitted by the Senate on February 12, 1999. The charges, perjury, obstruction of justice, and abuse of power arose from the Monica Lewinsky scandal and the Paula Jones lawsuit...
on December 19, 1998 by the House of Representatives on articles charging perjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the matter lied about would affect the outcome of the case...
(specifically, lying to a federal grand juryIn the common law, a grand jury is a type of jury that determines whether there is enough evidence for a trial. Grand juries carry out this duty by examining evidence presented to them by a prosecutor and issuing indictments, or by investigating alleged crimes and issuing presentments...
) by a 228–206 vote, and obstruction of justiceThe crime of obstruction of justice includes crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official...
by a 221–212 vote. The House rejected other articles. One was a count of perjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the matter lied about would affect the outcome of the case...
in a civil deposition in Paula JonesPaula Corbin Jones is a former Arkansas state employee who sued President Bill Clinton for sexual harassment. Eventually, the court dismissed the lawsuit, before trial, on the grounds that Jones failed to demonstrate any damages...
's sexual harassmentSexual harassment is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment may be illegal. It includes a range of behavior from seemingly mild transgressions and...
lawsuit against Clinton (by a 205–229 vote) and an article which accused Clinton of abuse of power by a 48–285 vote. The Senate fell short of the necessary 2/3 needed to remove him from office, voting 45-55 to remove him on obstruction of justiceThe crime of obstruction of justice includes crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official...
and 50-50 on perjuryPerjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the matter lied about would affect the outcome of the case...
.
- One cabinet
A Cabinet is a body of high-ranking members of government, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or Executive Committee.- Overview :...
officer, William W. BelknapWilliam Worth Belknap was a United States Army general, government administrator, and United States Secretary of War...
(Secretary of War). He resigned before his trial, and was later acquitted. Allegedly most of those who voted to acquit him believed that his resignation had removed their jurisdiction.
- One Senator
The United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators,...
, William BlountWilliam Blount, was a United States statesman. He was a delegate to the Constitutional Convention for North Carolina, the first and only governor of the Southwest Territory, and Democratic-Republican Senator from Tennessee . He played a major role in establishing the state of Tennessee. He was the...
, in 1797. He was expelled by the Senate, which declined to try the impeachment.
- One Justice of the Supreme Court of the United States
The Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
, Samuel ChaseSamuel Chase , was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland. Early in life, Chase was a "firebrand" states-righter and revolutionary...
in 1804. He was acquitted by the Senate.
- Thirteen other federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges are chosen by public contest. Thirty federal judges are elected each year.-Canada:...
s, including Alcee HastingsAlcee Lamar Hastings is a member of the United States House of Representatives representing .A Representative since 1993 and a Democrat, Hastings was previously a lawyer and judge. He spent ten years as a federal judge , but was impeached and removed from office for corruption and perjury...
, who was impeached and convicted for taking over $150,000 in bribe money in exchange for sentencing leniency. The Senate did not bar Hastings from holding future office, and Hastings won election to the House of Representatives from Florida. Hastings's name was mentioned as a possible Chairman of the House Permanent Select Committee on Intelligence, but was passed over by House Speaker-designate Nancy Pelosi, presumably because of his previous impeachment and removal. Source U.S. Senate
Richard NixonRichard Milhous Nixon was the 37th President of the United States and is the only president to resign the office. He was also the 36th Vice President of the United States ....
was never impeached. While the House Judiciary Committee did approve articles of impeachment against him and did report those articles to the House of Representatives, Nixon resigned before the House could consider the impeachment resolutions and was subsequently pardoned by
President FordGerald Rudolph Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
.
Pakistan
The country's ruling coalition said on 7 August 2008 that it would seek the impeachment of President
Pervez MusharrafGeneral Pervez Musharraf , NI, TBt, was the 10th President of Pakistan and the Chief of Army Staff of the Pakistan Army,....
, alleging the U.S.-backed former general had "eroded the trust of the nation" and increasing pressure on him to resign. He resigned on 18 August 2008. Another kind of impeachment in Pakistan is known as the vote of less-confidence or vote of mis-understanding and has been practiced by provincial assemblies to weaken the national assembly.
Impeaching a president requires a two-thirds majority support of lawmakers in a joint session of both houses of Parliament.
Philippines
Impeachment in the Philippines follows procedures similar to the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
. Under Sections 2 and 3, Article XI,
Constitution of the PhilippinesThe Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
, the
House of Representatives of the PhilippinesThe House of Representatives of the Philippines is the lower chamber of the Congress of the Philippines. The Senate is the upper chamber. The House is often informally called the Congress. Members of the house are called Congressmen and their title is Representative...
has the exclusive power to initiate all cases of impeachment against the
PresidentThe President of the Philippines is the head of state and government of the Republic of the Philippines. The President of the Philippines in Filipino is referred to as Ang Pangulo or Pangulo...
,
Vice PresidentThe Vice President of the Philippines is the second highest executive official of the Philippine government. The Vice President of the Philippines in Filipino is referred to as Ang Pangalawang Pangulo or Pangalawang Pangulo , for example Ang Pangalawang Pangulong Noli L. de Castro...
, members of the
Supreme CourtThe Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
, members of the Constitutional Commissions (
Commission on ElectionsThe Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....
,Civil Service Commission Commission on Audit), and the
OmbudsmanThe Philippine Ombudsman is an ombudsman responsible for investigating and prosecuting government officials in the Philippines who are allegedly guilty of crimes....
. When a third of its membership has endorsed the impeachment articles, it is then transmitted to the
Senate of the PhilippinesThe Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
which tries and decide, as impeachment tribunal, the impeachment case. A main difference from US proceedings however is that only 1/3 of House members are required to approve the motion to impeach the President (as opposed to 50%+1 members in their US counterpart). In the Senate, selected members of the House of Representatives act as the prosecutors and the Senators act as judges with the Senate President and Chief Justice of the Supreme Court jointly presiding over the proceedings. Like the United States, in order to convict the official in question, a minimum of 2/3 (i.e 16 of 24 members) of the senate is required to vote in favour of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year.
Impeachable offenses and officials
The 1987 Philippine Constitution states that grounds for impeachment include bribery, graft and corruption, betrayal of public trust, and culpable violation of the Constitution. These offenses are considered "high crimes and misdemeanors" under the Philippine Constitution.
The President, the Vice President, the Supreme Court's justices, the members of the Commission on Elections, and Ombudsmen are all considered impeachable officials under the Constitution.
Impeachment proceedings and attempts
Joseph EstradaJoseph Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until his ouster in the 2001 EDSA Revolution....
was the first Philippine president impeached by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies.
In 2005, 2006, 2007, and 2008, impeachment complaints were filed against President
Gloria Macapagal-ArroyoMaria Gloria Macapagal-Arroyo is the fourteenth and current president of the Philippines. Arroyo is the country's second female president, and the daughter of late former Philippine President Diosdado Macapagal....
, but none of the cases reached the required endorsement of 1/3 of the members for transmittal to, and trial by, the Senate.
Republic of Ireland
In the
Republic of IrelandIreland is a country in north-western Europe. The modern sovereign state occupies about five-sixths of the island of Ireland, which was partitioned on 3 May 1921. It is a parliamentary democracy and a republic...
formal impeachment can apply only to the
PresidentThe President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
. Article 12 of the
Constitution of IrelandThe Constitution of Ireland is the second constitution of independent Ireland and replaced the Constitution of the Irish Free State. It came into force on 29 December 1937 after having been passed by a national plebiscite on 1 July 1937....
provides that, unless judged to be "permanently incapacitated" by the Supreme Court, the president can only be removed from office by the houses of the
OireachtasThe Oireachtas is the "national parliament" or legislature of Ireland, sometimes referred to as Oireachtas Éireann. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(parliament) and only for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the president, but only by a resolution approved by a majority of at least two-thirds of its total number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number.
Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds majority of its members, both that she is guilty of the charge of which she stands accused, and that the charge is sufficiently serious as to warrant her removal. To date no impeachment of an Irish president has ever taken place. The president holds a largely ceremonial office, the dignity of which is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment.
The Republic's constitution and law also provide that only a joint resolution of both houses of the Oireachtas may remove a judge. Although often referred to as the 'impeachment' of a judge, this procedure does not technically involve impeachment.
Other jurisdictions
- Austria: The Austrian Federal President
The Austrian Federal President is the federal head of state of Austria. Though theoretically entrusted with great power by the constitution, in practice the President acts, for the most part, merely as a ceremonial figurehead. The President of Austria is directly elected by universal adult...
can be impeached by the Federal AssemblyThe Federal Assembly is the name given to a formal joint-session of the two houses of the Austrian federal parliament, the National Council and the Federal Council....
(Bundesversammlung) before the Constitutional Court. The constitution also provides for the recall of the president by a referendumA referendum , ballot question, or plebiscite is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal...
. Neither of these courses has ever been taken, likely because the President is an unobtrusive and largely ceremonial figurehead who, having little power, is hardly in a position to abuse it.
- Brazil: The President of Federative Republic of Brazil
Brazil , officially the Federative Republic of Brazil , is a country in South America. It is the fifth largest country by geographical area, occupying nearly half of South America, the fifth most populous country, and the fourth most populous democracy in the world. Bounded by the Atlantic Ocean...
can be impeached. This happened to Fernando Collor de MelloFernando Affonso Collor de Mello was president of Brazil from 1990 to 1992, when he resigned to avoid being impeached. He was elected a Senator of the republic in the 2006 general elections and began his term in February 2007....
, due to evidence of bribery and misappropriation. State governors and mayors can also be impeached, though only the latter have actually been impeached.
- Croatia: President of the Republic of Croatia
The President of the Republic is Croatia's head of state. Croatia is a parliamentary democracy where the President's main role is leading the armed forces and Croation diplomacy together with the Government, in addition to a number of procedural duties of this eminent public office...
can be impeached. Sabor starts the impeachment process with two-thirds majority in favor of impeachment and then Constitutional Court has to accept that with two-thirds majority of justices in favor of impeachment. This has never happened in the history of the Republic of CroatiaCroatia , officially the Republic of Croatia , is a country in southeast Europe, at the crossroads of the Pannonian Plain, the Balkans, and the Mediterranean Sea. Its capital is Zagreb...
.
- Germany: The Federal President of Germany
The President of Germany is Germany's head of state. The position is largely a ceremonial one, with the president acting in accordance with the advice and directives of the legislature...
can be impeached both by the BundestagThe Bundestag is the parliament of Germany. It was established with Germany's constitution of 1949 and is the successor of the earlier Reichstag...
and by the BundesratThe German Bundesrat is a legislative body that represents the sixteen Länder of Germany at the federal level...
for willfully violating German law. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional CourtThe Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from office. No such case has yet occurred, not the least because the President's functions are mostly ceremonial and he or she seldom makes controversial decisions. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the federal constitution or a stateGermany is a Federal Republic consisting of sixteen states, known in German as . Since is also the German word for "country", the term is commonly used colloquially, as it is more specific, though technically incorrect within the corpus of German law.The citizens of the states form the nation...
constitution.
- India: The President of India
The President of India or Rashtrapati is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. In theory, the President possesses considerable power...
can be impeached by the ParliamentThe Parliament of India is the federal and supreme legislative body of India. It consists of the office of President of India and two houses, the lower house, known as the Lok Sabha and the upper house, known as the Rajya Sabha.. It is located in New Delhi at Sansad Bhavan on Sansad Marg...
before the expiry of his term for violation of the Constitution. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution. No Indian President has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested.
- Iran: Member of Majlis representatives and the Supreme Leader can remove the President. In January 1980, Abolhassan Banisadr
Abol-hassan Banisadr was the first President of Iran, following the 1979 Iranian Revolution and the abolition of the monarchy.-Early life:...
, then the president of Iran, was impeached by the Majlis representatives in June, 1981.
- Norway: Members of government, representatives of the national assembly (Stortinget) and Supreme Court judges can be impeached for criminal offences tied to their duties and committed in office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modelled on the US rules and are quite similar to them. Impeachment has been used 8 times since 1814, last in 1927. Many argue that impeachment has fallen into desuetude
In law, desuetude is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete...
.
- Romania: The President can be impeached by Parliament and is then suspended. A referendum then follows to determine whether the suspended President should be removed from office. President Traian Băsescu was recently impeached by the Parliament. A referendum was held on May 19, 2007. A large majority of the electorate voted against removing the president from office.
- Russia: The President of Russia can be impeached if both the State Duma
The State Duma in the Russian Federation is the lower house of the Federal Assembly of Russia , the upper house being the Federation Council of Russia. The Duma is headquartered in central Moscow, a few steps from Manege Square. Its members are referred to as deputies...
(which initiates the impeachment process through the formation of a special investigation committee) and the Federation Council of RussiaFederation Council of Russia is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
vote by a two-thirds majority in favor of impeachment and, additionally, the Supreme CourtThe Supreme Court of the Russian Federation is the court of last resort in Russian administrative law, civil law and criminal law cases. It also supervises the work of lower courts.-Composition:...
finds the President guilty of treasonIn law, treason is the crime that covers some of the more serious acts of disloyalty to one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife...
or a similarly heavy crime against the nation and the Constitutional CourtConstitutional Court of Russian Federation is a high court which is empowered to rule on whether or not certain laws or presidential decrees are in fact contrary to the Constitution of Russia...
confirms that the constitutional procedure of the impeachment process was correctly observed. In 1995-1999, the Duma made several attempts to impeach then-President Boris YeltsinBoris Nikolayevich Yeltsin was the first President of the Russian Federation, serving from 1991 to 1999....
, but they never had a sufficient amount of votes for the process to reach the Federation Council.
- Taiwan: Officials can be impeached by a two-thirds vote in the Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China , which administers Taiwan, Penghu, Kinmen, and Matsu Islands....
together with an absolute majorityAn absolute majority or majority of the entire membership is a voting basis which usually requires that more than half of all the members of a group must vote in favour of a proposition in order for it to be passed...
in a referendum.
Further reading