Impeachment is a much-misunderstood word in both meaning and result. Let me explain by commenting on three points regarding impeachment and the impeachment process: What the U.S. Constitution states about impeachment, what does impeachment mean, and how impeachment should be viewed by We the People.
What the U.S. Constitution States About Impeachment
The Constitution (Article II, Section 4) states that “The president, vice president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, and other high crimes and misdemeanors.” The critical point to understand here is what constitutes an impeachable offense. I believe treason is listed first because that word sets the standard for what alleged wrongdoing a president can be impeached. Treason is a grave “high crime” against the country and is readily understood by most citizens, at least in general terms, if not explicitly. By setting this standard, the Founding Fathers were stating that the president can only be impeached for grave reasons. The phrase “other high crimes and misdemeanors” causes some ambiguity because we understand misdemeanors as minor crimes in today’s meaning of the word; that is, they are not felonies or serious crimes. Misdemeanors were not treated as minor crimes under British law, as then understood by the delegates to the Constitutional Convention in 1787. The takeaway here is that a president should be impeached only for allegations of serious crimes.
What Does Impeachment Mean
In simple terms, impeachment is “similar to an indictment in criminal law.” An indictment is a finding or allegation by a prosecutor that a crime or wrongdoing has occurred. The indictment charges an individual with that crime or wrongdoing.
So, this means that when the House of Representatives sees fit to impeach the president, they are in effect indicting the president for alleged wrongdoing. The critical point to keep in mind is that the allegations should be comparable to treason, bribery, or other high crimes and misdemeanors, as highlighted in the previous section.
How Should We The People View Impeachment
From my vantage point, I disagree with the conventional wisdom that impeachment is, in reality, a political process. I see it quite differently. I believe that impeachment should be a legal process only and never a political process. Impeachment should be for alleged wrongdoing that a significant majority of the representatives in the House agree is egregious. If the impeachment is based solely on a partisan vote, then, I believe, it should be discounted by We the People.
Some Additional Reflections
A careful reading of the writings and notes of the Founding Fathers during the Constitutional Convention indicates they understood how serious impeachment is and should be only be undertaken with prudence and great care. Sadly, today’s politicians do not measure up to the Founding Fathers, either in their integrity or their understanding of the Constitution.
Many of our politicians put politics before the good of the country. That is a dangerous course of action to follow because, in this case, it trivializes impeachment and sets a dangerous precedent.
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