On Thursday, the House of Representative formally advanced impeachment proceedings against President Donald Trump after rules were approved for a public hearing process. The vote was 232-196 mostly on party lines.
A draft resolution published prior to the vote indicated the House’s Intelligence Committee will consider evidence in the proceedings and report its findings to the House Judiciary Committee. The resolution allows the Intelligence Committee to hold public hearings, and to assemble and release information (including prior witness interviews). It also allows House Republicans to subpoena their own witnesses, with the approval of Intelligence Committee Chairman Adam Schiff, and for the White House to present its own evidence and cross-examine witnesses.
The resolution directs “certain committees to continue their ongoing investigations as part of the existing House of Representatives inquiry into whether sufficient grounds exist for the House of Representatives to exercise its Constitutional power to impeach Donald John Trump, President of the United States of America, and for other purposes.”
Some Republicans have criticized the impeachment process in the House because Speaker Nancy Pelosi did not have the House approve investigations in an official floor vote. But after Thursday, the impeachment process moves into a more traditional setting.
According to the Congressional Research Service, there are three parts to the impeachment process within the House. The first part is usually a resolution approved in a majority vote to investigate a civil officer. The second part is the committee investigation and hearing process. The last part is a decision by the Judiciary Committee to draw up articles of impeachment for the entire House to consider in a floor vote.
The two most recent impeachment proceedings against Presidents were referred directly to the House Judiciary Committee for the public hearing process.
The Constitution provided the basic impeachment process framework in 1787.
Article I, Section 2, Clause 5 of the Constitution gives the House of Representatives the sole power to bring charges against federal officers, including the President. If a majority of the House approves these charges, presented as a resolution called “articles of impeachment,” the matter is sent to the Senate.
Article I, Section 3, Clause 6 gives the Senate the power to try an official facing impeachment charges stated in the articles. In the case of the President, the Chief Justice of the United States presides over the trial. In other situations, the Senate is the judge and jury. The Senate must find the person guilty by a two-thirds voting margin; the main punishment is removal from office, and disqualification from holding future offices is also a potential punishment.
Article II, Section 4 provides the 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 House and Senate each determine their impeachment rules beyond those basic requirements under Article I, Section 5, which states that “Each House may determine the Rules of its Proceedings.” Precedents from prior impeachment proceedings are usually consulted if members question a motion or action under consideration by a committee.
Scott Bomboy is the editor in chief of the National Constitution Center.
