Impeachment is the process the House of Representatives uses to charge a federal official with “Treason, Bribery, or other high Crimes and Misdemeanors.” The Constitution gives the House the sole power to impeach and the Senate the sole power to try all impeachments.
An impeachment is not a removal. It is the equivalent of an indictment. Only a conviction in the Senate can remove an official from office.
Who can be impeached
The process applies to the President, Vice President, and all civil officers of the United States. In practice this has included federal judges, cabinet secretaries, and other senior officials. Members of Congress are not subject to impeachment; each chamber has its own internal discipline procedures.
House process
The House begins with an inquiry. This can be directed by the full House, by a committee, or, in some cases, by a single member. The relevant committee (usually the Judiciary Committee) investigates, gathers evidence, and may hold hearings.
If the committee approves articles of impeachment, they are reported to the full House. The House then votes on each article. A simple majority is required to impeach. If the House adopts one or more articles, the official is impeached.
The House then appoints managers (usually members) who will present the case in the Senate.
Senate trial
The Senate receives the articles and organizes a trial. Senators take an oath to “do impartial justice.” The Chief Justice of the United States presides when the President is on trial; otherwise the Vice President or the President pro tempore usually presides.
House managers present the case. The official’s counsel presents a defense. Senators may submit questions in writing. The Senate can call witnesses or rely on the existing record; this is decided by majority vote.
At the end of the trial the Senate votes on each article. Conviction and removal require a two-thirds majority of the senators present. A conviction can also include a second vote to disqualify the person from holding future federal office; that vote needs only a simple majority.
What happens after
If the Senate convicts, the official is immediately removed from office. The Constitution does not require criminal charges, but an impeached and removed official can still face criminal prosecution in the courts.
If the Senate acquits, the official remains in office. There is no appeal. The judgment of the Senate is final.
Historical pattern
The House has impeached 22 people. The Senate has convicted eight, all of them federal judges. No president has been removed by the Senate. Two presidents (Andrew Johnson and Bill Clinton) were impeached and acquitted. A third (Donald Trump) was impeached twice and acquitted both times. In 2024 the House also impeached Homeland Security Secretary Alejandro Mayorkas; the Senate later dismissed the articles without a full trial on the merits.
The process is deliberately high-threshold. A simple majority can charge; a supermajority is required to remove.
The short version
The House investigates and votes on articles of impeachment. A majority vote impeaches. The Senate then holds a trial. Two-thirds of the senators present must vote to convict for the official to be removed from office.
SOURCES: United States Constitution, Congressional Research Service, United States House of Representatives, United States Senate.
