Who can and cannot be impeached?
Asked by: Isabelle Wyman | Last update: February 6, 2026Score: 5/5 (8 votes)
Article II, Section 4: 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, or other high Crimes and Misdemeanors.
Who can impeach Donald Trump?
Impeachment begins in the House of Representatives, where articles of impeachment are drawn up. These articles are then voted on by House members. Each article is voted on separately and requires a simple majority to pass. Once an article has been passed in the House, the president has been impeached.
Can anybody be impeached?
The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.” The House of Representatives brings articles (charges) of impeachment against an official. Learn more about the House's role in impeachment.
Who cannot be removed from office by impeachment?
All other public officer and employees may be removed from office as provided by law, but not by impeachment.
What are the grounds for impeachment?
Grounds for impeachment in the U.S. Constitution are specifically "Treason, Bribery, or other high Crimes and Misdemeanors," applying to the President, Vice President, and other civil officers, with "high Crimes and Misdemeanors" interpreted as serious misconduct like abuse of power, subversion of government, or betrayal of public trust, not necessarily indictable crimes. Impeachment itself is bringing charges (like an indictment), while a Senate trial determines conviction and removal from office, requiring a two-thirds vote.
President Trump says he can't be impeached
Are there grounds to impeach Biden?
Reasons for impeachment cited by the nine resolutions varied. They included Biden's handling of illegal immigration at the United States-Mexico border, the handling of the United States' withdrawal from Afghanistan, the COVID-19 eviction moratorium, and Hunter Biden's business dealings.
What are the four grounds for impeachment?
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, or other high Crimes and Misdemeanors. The Federalist No. 65 (Alexander Hamilton); Peter Hoffer & N.E.H. Hull, Impeachment in America, 1635–1805 59–95 (1984).
Why was Trump not removed from office?
The trial saw no witnesses or documents being subpoenaed, as Republican senators rejected attempts to introduce subpoenas. On February 5, Trump was acquitted on both counts by the Senate, as neither count received 2/3 votes to convict. Trump remained in office for the remainder of his first term.
Who can invoke the 25th Amendment to remove a president?
The Vice President and a majority of the Cabinet (or another body Congress designates) can invoke the 25th Amendment (Section 4) to declare the President unable to serve, immediately making the VP acting president; if contested by the President, Congress must then decide, with a two-thirds vote in both houses needed to keep the VP as acting president permanently.
Who was the only president to be impeached?
Three presidents have been impeached, although none were convicted: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump twice, in 2019 and 2021.
What are the five methods of impeachment?
The impeachment process has key stages: an investigation by a House committee (often Judiciary) into potential wrongdoing, the House voting on (and potentially passing) Articles of Impeachment by a simple majority, sending those articles to the Senate, the Senate holding a formal trial with House members acting as prosecutors, and finally, the Senate voting on conviction, requiring a two-thirds majority for removal from office, a step that can also include disqualification from future office.
Can a president stay in office if impeached?
The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office.
Why does impeachment not mean removal from office?
Impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
How many attempts to impeach Trump?
Trump had been impeached for the second time by the House of Representatives on January 13, 2021. The House adopted one article of impeachment against Trump: incitement of insurrection. He is the only U.S. president and only federal official to be impeached twice.
Who can fire the vice president?
The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.
Did any Republicans vote to impeach Trump?
Yes, 10 House Republicans voted to impeach Donald Trump in January 2021 for "incitement of insurrection" following the January 6th Capitol attack, making it the most bipartisan presidential impeachment in U.S. history. These Republicans, known as the "Impeachment 10," included Liz Cheney, Adam Kinzinger, and Jaime Herrera Beutler, among others, who broke with their party to vote for impeachment, though most faced significant political backlash.
Who can declare a President incompetent?
A president can be declared incompetent under Section 4 of the 25th Amendment, a process initiated by the Vice President and a majority of the Cabinet (or another designated body) sending a written declaration to Congress, which then makes the final decision if the President contests it, requiring a two-thirds vote in both houses to remove them. This "involuntary" removal process has never been invoked, though Section 3 (voluntary transfer of power) has been used.
How many times has the 25th Amendment been invoked?
The 25th Amendment has been invoked six times in total, but only for filling vice-presidential vacancies (Section 2) and for temporary transfers of power during presidential medical procedures (Section 3); Section 4, which allows for involuntary removal of presidential power, has never been used. The instances include twice to fill vice-presidential vacancies (Agnew/Ford, Ford/Rockefeller) and four times for temporary disability (Reagan in 1985, Bush in 2002 and 2007, and Biden in 2021).
Who has power to overrule the President?
Congress can override a presidential veto with a two-thirds vote in both the House and Senate, making a bill law without the President's signature, while the Vice President and Cabinet can initiate the process under the 25th Amendment to declare the President unable to serve, and the Supreme Court can declare executive actions unconstitutional, though Congress ultimately controls impeachment.
Are there any grounds to impeach Trump?
Grounds asserted for impeachment have included possible violations of the Foreign Emoluments Clause of the Constitution by accepting payments from foreign dignitaries; alleged collusion with Russia during the campaign for the 2016 United States presidential election; alleged obstruction of justice with respect to ...
Can a sitting president be charged with treason?
Article II, Section 4: 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, or other high Crimes and Misdemeanors. President Donald Trump was impeached twice during his single term in office.
What is the 25th amendment?
Amdt25. 1 Overview of Twenty-Fifth Amendment, Presidential Vacancy and Disability. Twenty-Fifth Amendment. Section 1: In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
What are the three C's of impeachment?
In a textbook application of the three C's of impeachment—commit, credit, and confront—Kelly meticulously laid the groundwork for a potential takedown of two of the nation's top intelligence officials. And he did it with exemplary patience and control, for the real confrontation would come later.
What happens if a president is impeached for treason?
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, or other high Crimes and Misdemeanors.
Can a president be impeached for starting a war?
Additionally, when the president's actions (or inactions) provide "Aid and Comfort" to enemies or levy war against the United States, then Congress has the power to impeach and remove (convict) the president for treason.