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The U.S. Senate's Impeachment Role

Under the Constitution, the House of Representatives has the power to impeach a government official, in effect serving as prosecutor. The Senate then holds the impeachment trial, essentially serving as jury and judge, except in the impeachment of a president when the chief justice presides.

The president, vice president, and all civil officers of the United States are subject to impeachment; conviction means automatic removal from office.

The concept of impeachment originated in England and was adopted by many of the American colonial governments and state constitutions. At the Constitutional Convention, the framers considered several possible models before deciding that the Senate should try impeachments.

Since 1789 only 17 federal officers have been impeached by the House, 14 of which were tried by the Senate. Three were dismissed before trial because the individual had left office, 7 ended in acquittal and 7 in conviction. All of those convicted were federal judges.

The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment." (Article I, section 2) and that "the Senate shall have the sole Power to try all Impeachments .... [but] no person shall be convicted without the Concurrence of two-thirds of the Members present." (Article I, section 3)

Impeachment is a very serious affair. It is perhaps the most awesome power of Congress, the ultimate weapon it wields against officials of the federal government. The House of Representatives is the prosecutor. The Senate chamber is the courtroom. The Senate is the jury and also the judge, except in the case of a presidential impeachment trial when the chief justice presides. The final penalty is removal from office. There is no appeal.

So grave is this power of impeachment, and so conscious is the Congress of this solemn power, that impeachment proceedings have been initiated in the House only sixty-two times since 1789. Only seventeen federal officers have been impeached: two presidents, one cabinet officer, one senator and thirteen federal judges. Sixteen cases have reached the Senate. Of these, two were dismissed before trial because the individuals had left office, seven ended in acquittal, and seven in conviction. Each of the seven Senate convictions has involved a federal judge.

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