This archive report was first published on 18 December 2019.
The Impeachment Process: A Guide to the Unpredictable ¶
Impeachment is a complex and unpredictable process that has been a part of American politics for centuries. Despite its importance, the Constitution leaves many aspects of impeachment undefined, leaving it to the discretion of Congress to determine how to proceed.
According to the Constitution, impeachment is technically only the initial stage of the process. It does not necessarily mean removal from office, but rather an indictment that sets up a trial. The Constitution describes offenses that are grounds for removing the president from office as bribery, treason, and 'high crimes and misdemeanors,' which is a term that is open to interpretation.
One of the things missing from the Constitution is a guide on how an impeachment inquiry should start. This has generally been a source of drama, with anything going. In the Andrew Johnson case, the House voted to impeach him without even drafting the articles of impeachment.
For Richard Nixon, his case started with several investigations that led to public hearings. The part of the process went on for two years, yielding revelation after revelation, connecting Nixon to a politically-motivated burglary at D.N.C. headquarters and its subsequent cover-up.
When the House drafts articles of impeachment, the president's support can begin to wane. This was the case for Nixon, who lost the support of his party after the investigations. For Bill Clinton, that phase was just the beginning. An independent counsel's investigation into his business dealings unexpectedly turned into a very public inquiry about his personal life.
Public opinion is key in the impeachment process, and the media plays a huge part in shaping it. This was definitely true for Clinton, who faced intense scrutiny during his impeachment proceedings. After committee hearings, the House brought formal impeachment charges, which turned out to be full of surprises.
The Senate then takes over, with the Chief Justice of the Supreme Court presiding over the trial. The Senate is the actual jury, and they must remain impartial and quiet in their role as jurors. The options are guilty or not guilty, but there have been instances where senators have suggested alternative verdicts, such as 'not proved.'
Despite the unpredictability of the impeachment process, one thing is certain: an impeachment charge has never gotten the two-thirds majority it needs in the Senate to actually oust a president from office. This could lead to a situation where the president is impeached, acquitted, and runs for re-election and wins re-election.
