Senate Impeachment Trials: A History and Current Summary

 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 Impeachment.  But no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3). The president, vice president, and all civil Officers of the United States are subject to impeachment.

            The idea of impeachment was originated in England. After that, colonial governments of America and the constitution of the United States adopted it. The power of congress is a major component of the “Checks and balance” constitutional system. Through the process of impeachment, charges of congress and then tries an official of the federal government of United States for Bribery, Misdemeanors, Treason and other high crimes. The constitution of the United States is silent to define high crimes and Misdemeanors.

            In the proceedings of impeachment, the House of the Representative charges the federal government official by approving, by vote majority, and impeachment articles. Before the Senate, Managers (committee of representatives in the house) act as a prosecutor. The Senate acts as a high court of impeachment. In this court the senators consider a vote to convict, hear witness and evidence. In the case of the presidential impeachment, the chief justice of the United States presides the high court of impeachment. The article of the constitution of the United States doesn’t give the right to appeal against the decision of a high court of impeachment. In several cases, the high court of impeachment permanently disqualified the officials from public office.

 Outcomes of Senate Impeachment Trials

Name	Designation /Position	Date of Final Senate Action	Result
William Blount	Senator	Jan 1799	Expelled
John Pickering	Judge	Mar 1804	Guilty
Samuel Chase	Justice	Mar 1805	Not guilty
James H. Peck	Judge	Jan 1831	Not guilty
West H. Humphreys	Judge	Jun 1862	Guilty
Andrew Johnson	President	May 1868	Not guilty
Mark H. Delahay	Judge	Feb 1873	Resigned
William Belknap	Secretary	Aug 1876	Not guilty
Charles Swayne	Judge	Feb 1905	Not guilty
Robert Archbald	Judge	Jan 1913	Guilty, removed
George W. English	Judge	Dec 1926	Resigned
Harold Louderback	Judge	May 1933	Not guilty
Halstead Ritter	Judge	Apr 1936	Guilty
Harry E. Claiborne	Judge	Oct 1986	Guilty
Alcee Hastings	Judge	Oct 1989	Guilty
Walter Nixon	Judge	Nov 1989	Guilty
William J. Clinton	President	Feb 1999	Not guilty
Samuel B. Kent	Judge	Jul 2009	Resigned, case dismissed
G. Thomas Porteous, Jr.	Judge	Dec 2010	Guilty
Donald J. Trump	President	Feb 2020	Not guilty

 

            Three presidents of the United States such as Andrew Johnson, William J. Clinton and Donald J. Trump have been impeached but none of them were convicted by the high court of impeachment. Of them, President Donald J. Trump was the only president who was impeached 2 times.

Andrew Johnson was the 17^th president of the United States. He served as the president of the United States from 1865-1869. He was the first president of the United States who impeached but not convicted by the high court of the impeachment. After the civil war in America, there was repeatedly clash between President Andrew Johnson and congress that was under the control of Republicans over the reconstruction in the south. This clash reached the highest point of development. On February 24, 1868, voting on the impeachment of the president was take place. On March 5, 1868, a trial started in the senate. In the Senate, Republicans had more seats than 2/3 majority. On 16 May, 1868 the president won the acquittal. It was not because more senators supported the policies of President Andrew Johnson in the south but it was due to the presence of the majority of the senators that wish to protect the presidential office and to preserve the power of the constitution.

William J. Clinton is an American lawyer and was the 42^nd president of the United States. He served as the president of the United States from 1993-2001. On September 8, 1998 before the judiciary committee house opened an inquiry for presidential impeachment. The House judiciary committee sent the four impeachment articles before the house of Representatives. The impeachment articles include one for blocking justice, two impeachment articles associated with perjury, and the last one related to abuse of presidential office. The process of impeachment was delayed because of the bombing in Iraq. December 19, 1998 William J. Clinton was impeached by the house of Representatives based on perjury to a grand jury (first article, 228–206) and obstruction of justice (third article, 221–212). Other two impeachment articles were rejected such as abuse of presidential office (fourth article, 148–285) and perjury in the case of Jones (second article, 205–229).

Donald J. Trump was the 45^th president of the United States. He was the only president of the United States who was impeached two times by the House of Representatives. The first impeachment against Donald J. Trump was adopted in December 2019. The house adopted two impeachment articles again Donald J. Trump. One was an abuse of presidential power and the second one was congress obstruction. The Senate cleared Donald J. Trump of these charges on February 5, 2020. Two days after the acquittal, Donald J. Trump fired the two witnesses Lt. Col. Alexander Vindman and Ambassador Gordon Sondland who were involved in the impeachment trials against the president. Two twin brothers Yevgeny Vindman were also fired. On January 11, 2021 David Cicilline, Ted Lieu, and Jamie Raskin introduced an impeachment article against Trump, charging Donald Trump with incitement of insurrection in urging his followers to march on the United States Capitol building. The impeachment article contended that Donald Trump made many statements that encouraged his supporters and forcefully resulted in the lawless action that interfered with the constitutional duty of congress to verify the election. It argues that the trump action threatens the constitutional system integrity, interfered with the peaceful transformation of electoral power. He further argues that the actions of the Donald Trump of as against national security, constitution and democracy. Mr. Trump was impeached on January 13, 2021. Ten Republicans also joined the democrats in the impeachment process.

Muhammad Qusain S. 

Dorchester, Canada

https://www.upwork.com/fl/contentwriterblogwriter

References

https://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm#3

https://www.senate.gov/artandhistory/history/common/briefing/Senate_Impeachment_Role.htm#3

https://guides.loc.gov/federal-impeachment/bill-clinton

https://www.history.com/this-day-in-history/president-clinton-impeached

https://www.history.com/this-day-in-history/president-andrew-johnson-impeached