How to Impeach an Official

We get to pass judgment on our elected leaders every time they come up for re-election, but occasionally one of them seriously misbehaves. When this happens, it's possible to remove that person from office by a process called impeachment. Laws do make it difficult to impeach an official to ensure this process isn't taken lightly; but impeachment is an option available when the situation warrants. Read on to learn more

Instructions

1. Know who can be impeached. At the federal level the process to impeach an official is spelled out in the Constitution. If treason, bribery or other high crimes or misdemeanors are committed by those we have elected to our federal government--the President, Vice President, federal judges and cabinet members--they can be impeached. You can't impeach members of the House or Senate, since these bodies handle member misconduct.

2. Consult state law. Each state has its own rules to impeach an official, although most require a majority vote of legislature (usually the House) to impeach, while a 2/3 vote is necessary to convict. The State Supreme Court Chief Justice often presides. Many states model their impeachment process on the federal model.

3. Understand the process. Impeachment is just the first step to removing someone from office. To impeach an official is to bring formal charges against someone (done at the federal level and in most states by the House of Representatives), while the Senate considers whether to convict or not.

4. Draw up the charges. Since the first step is similar to an indictment, you must decide the basis for impeaching an official. The charges must satisfy the legal requirements spelled out in either the U.S. or state Constitution, and be serious enough to justify the process.

5. Gather evidence. The process is rarely used to impeach an official because it is so cumbersome, so it's essential to have evidence to back up the charges of misconduct. Impeachment is not intended to be used by those who disagree with a public official's decisions.

Resources

• Get a detailed look at how to impeach an official.
• Review the rules for impeachment of state officials.