Who has sole power of the impeachment?

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2026-03-20 09:30

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The House of Representatives is the only body the US Constitution authorizes to impeach a government official.

Impeachment is the first of a two-step process intended to remove a government official from public office for some form of wrongdoing. The Constitution refers to impeachable offenses as "treason, bribery, or other high crimes and misdemeanors," which, in addition to treason and bribery, may mean criminal behavior, ethics violations, rules violations, abuse of power, etc. An official may be impeached for something that isn't illegal, but is still considered misconduct by members of the House.

The impeachment process is like a Grand Jury indictment, where the District Attorney attempts to convince a Grand Jury that there's sufficient evidence to proceed to a criminal trial.

First, a committee conducts an investigation; then, if they believe there is sufficient evidence for a trial, files "Articles of Impeachment," or charges, against the official. The allegations are presented to the full House for a vote. If a simple majority of Representatives voting agree, the official is impeached (or indicted).

The second step is a trial in the Senate where a group of House members, called managers, act as the prosecution. The impeached official is represented by a private attorney. Members of the Senate fill the roles of judge and jury. At the conclusion of the trial, the Senate votes whether to convict. Conviction requires a two-thirds super-majority; otherwise, the official is acquitted and may continue performing in her or her official capacity.

The only function of impeachment is removing the accused from office; there are no legal penalties associated with this political process.

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