What Is Impeachment
Impeachment is a formal charge brought by the House of Representatives against a federal official. It is not removal from office. The House impeaches by simple majority vote, much like a grand jury handing up an indictment, and the Senate then holds an impeachment trial where only a two-thirds vote can convict and remove.
Impeachment proceedings are one of the few places where the three branches meet head-on. Congress judges the executive branch, and when a president is on trial the Chief Justice of the United States presides. The Senate calls it “a fundamental component of the system of ‘checks and balances.’”
The United States Constitution splits the two halves deliberately. Article I gives the House “the sole Power of Impeachment” and gives the Senate “the sole Power to try all Impeachments.” Article II sets out who can be charged and for what: the president, vice president, “and all civil Officers of the United States” may be removed for “Treason, Bribery, or other high Crimes and Misdemeanors.”
A charge, not a firing. Impeachment is the accusation. Removal happens only if the Senate convicts, and most impeachments never reach that step. Some states give voters a separate tool, a recall election, where the public decides instead of a legislature.
Key facts
- The House has impeached 21 federal officials in 22 impeachments since 1797. The Senate removed eight, all federal judges (U.S. House History, Art & Archives)
- Four presidential impeachments, three presidents, zero removals. Donald Trump is the only president impeached twice (Senate.gov)
- The House needs a simple majority. The Senate needs two-thirds of the senators present to convict (Senate.gov)
- The only grounds are “Treason, Bribery, or other high Crimes and Misdemeanors,” a phrase the Constitution never defines (Senate.gov)
- Impeachment cannot imprison anyone. Its only penalties are removal and, in a separate vote, disqualification from future federal office
No member of Congress has been impeached since 1797. That year the House impeached Senator William Blount, and in January 1799 the Senate dismissed the charges for want of jurisdiction, after it had already expelled him (U.S. House History, Art & Archives).
What the Framers Built Into Impeachment
The most common complaint about impeachment today is that it has become partisan. The man who designed the Senate’s role said so first.
Writing as Publius in 1788, Alexander Hamilton explained in Federalist 65 that impeachable offenses are those “which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust.” Such offenses, he wrote, “may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.”
Then he named the flaw.
”In many cases it will connect itself with the pre-existing factions, and will enlist all their animosities, partialities, influence, and interest on one side or on the other; and in such cases there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.”
Alexander Hamilton, Federalist 65, 1788Hamilton wrote that as a design note, before the Constitution was ratified, while arguing in favor of the arrangement.
The design was contested at the time. James Madison argued at the Constitutional Convention that a president tried by the Senate would be “made improperly dependent,” and he preferred a role for the Supreme Court (Madison’s notes, September 8, 1787). He lost that argument, and the Senate kept the trial power.
The grounds were debated the same day. When George Mason moved to add “maladministration,” Madison objected that “so vague a term will be equivalent to a tenure during pleasure of the Senate.” Mason withdrew it and substituted “other high crimes & misdemesnors,” in Madison’s spelling. The Constitution never defined the phrase, and the Senate notes that its meaning “has long been the subject of debate.”
How an Impeachment Runs, Step by Step
The word covers a sequence, not a single event, and most of the sequence never makes the news.
From Inquiry to Verdict
- Weeks to months The House opens an impeachment inquiry Usually run by the House Judiciary Committee, which gathers evidence, takes testimony, and decides whether conduct rises to an impeachable offense. Most inquiries end here.
- After the inquiry The committee drafts and approves articles of impeachment Each article is a separate charge, voted on separately. Nixon reached this step in 1974 and resigned before the next one.
- One floor vote The full House votes, and a simple majority impeaches A bare majority is enough. This is the moment the official is impeached.
- Immediately after The House appoints managers to prosecute the case House managers act as the prosecutors, presenting evidence to the Senate. The official mounts a defense with their own counsel.
- Days to weeks The Senate sits as a court of impeachment and holds a trial Senators serve as the jury under oath. The Chief Justice presides when the president is on trial; otherwise the presiding officer is a senator.
- Final vote Two-thirds of senators present must vote guilty to convict Conviction removes the official immediately. A separate simple-majority vote can then bar them from ever holding federal office again. Anything short of two-thirds is an acquittal.
Sources: Senate.gov, Impeachment; Constitution Annotated, Article I and Article II.
The Senate can also decline to hold a trial at all. On April 17, 2024, it dismissed both articles against Homeland Security Secretary Alejandro Mayorkas before arguments began, voting 51-48 and 51-49 that each article was unconstitutional (Senate roll calls 132 and 139).
A Charge Against a Removal
The most common confusion is that impeachment ends a presidency by itself. It does not. It is also not a criminal trial, and it is not the 25th Amendment, which addresses a president’s inability to serve rather than misconduct.
The penalty row is the part people miss. Impeachment cannot send anyone to prison, undo a law, or reverse a policy. The Constitution says a convicted official “shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law,” because impeachment is not a criminal trial (see the ban on double jeopardy). For a former president, how far that prosecution can reach is set by presidential immunity. A pardon cannot undo an impeachment, which the Constitution excludes from the pardon power. Our 25th Amendment explainer covers the inability route in full.
The Full Record, 1797 to Today
Presidents dominate the coverage and are the smallest part of the record. Plotted from 1797 to 2024, presidential cases are the rarest mark on the page.
- Federal judge 15
- President 4
- Cabinet secretary 2
- U.S. senator 1
Fifteen of the 22 were federal judges. After Halsted Ritter in 1936, the House impeached nobody at all for 50 years.
Sources: U.S. House of Representatives History, Art & Archives; Federal Judicial Center.
| Year | Event | Category |
|---|---|---|
| 1797 | William Blount, U.S. senator, Tennessee | U.S. senator |
| 1803 | John Pickering, District judge, New Hampshire | Federal judge |
| 1804 | Samuel Chase, Associate Justice, U.S. Supreme Court | Federal judge |
| 1830 | James H. Peck, District judge, Missouri | Federal judge |
| 1862 | West H. Humphreys, District judge, Tennessee | Federal judge |
| 1868 | Andrew Johnson, President of the United States | President |
| 1873 | Mark W. Delahay, District judge, Kansas | Federal judge |
| 1876 | William W. Belknap, Secretary of War | Cabinet secretary |
| 1904 | Charles Swayne, District judge, Northern Florida | Federal judge |
| 1912 | Robert W. Archbald, Judge, U.S. Commerce Court | Federal judge |
| 1926 | George W. English, District judge, Eastern Illinois | Federal judge |
| 1933 | Harold Louderback, District judge, Northern California | Federal judge |
| 1936 | Halsted L. Ritter, District judge, Southern Florida | Federal judge |
| 1986 | Harry Claiborne, District judge, Nevada | Federal judge |
| 1988 | Alcee Hastings, District judge, Southern Florida | Federal judge |
| 1989 | Walter Nixon, District judge, Southern Mississippi | Federal judge |
| 1998 | William J. Clinton, President of the United States | President |
| 2009 | Samuel B. Kent, District judge, Southern Texas | Federal judge |
| 2010 | G. Thomas Porteous, District judge, Eastern Louisiana | Federal judge |
| 2019 | Donald J. Trump, President of the United States | President |
| 2021 | Donald J. Trump, President of the United States | President |
| 2024 | Alejandro Mayorkas, Secretary of Homeland Security | Cabinet secretary |
Sorted by office, the pattern is impossible to miss.
Every Federal Impeachment by Office
Source: U.S. House of Representatives History, Art & Archives; Federal Judicial Center
Conviction requires two-thirds of the senators present, 67 if all 100 vote. In the four presidential trials, the most senators from the president’s party to vote to convict was seven, in 2021 (Senate roll call 59).
The Four Presidential Impeachments
Four impeachments, three presidents, and one resignation that beat the vote.
- Andrew Johnson impeached, acquitted by one vote The House charged him over firing the Secretary of War in defiance of Congress. The Senate came to 35-19, one short of the 36 then needed.
- Richard Nixon resigns before the House can vote He left the White House in August as the House Judiciary Committee approved articles of impeachment over Watergate, so he was never formally impeached at all.
- Bill Clinton impeached, acquitted Perjury and obstruction charges tied to the Lewinsky investigation. The Senate split 45-55 on perjury and 50-50 on obstruction, far short of 67.
- Trump impeached over Ukraine, acquitted Abuse of power and obstruction of Congress. On February 5, 2020, Mitt Romney was the only Republican to vote to convict, on abuse of power.
- Trump impeached again for incitement, acquitted After the January 6 attack on the Capitol. The Senate voted 57-43 to convict, with seven Republicans joining, still ten votes short.
Sources: Senate.gov; U.S. House of Representatives History, Art & Archives.
The Presidential Cases, 1868 to 2021: 1868: Andrew Johnson impeached, acquitted by one vote (The House charged him over firing the Secretary of War in defiance of Congress. The Senate came to 35-19, one short of the 36 then needed.). 1974: Richard Nixon resigns before the House can vote (He left the White House in August as the House Judiciary Committee approved articles of impeachment over Watergate, so he was never formally impeached at all.). 1998: Bill Clinton impeached, acquitted (Perjury and obstruction charges tied to the Lewinsky investigation. The Senate split 45-55 on perjury and 50-50 on obstruction, far short of 67.). 2019: Trump impeached over Ukraine, acquitted (Abuse of power and obstruction of Congress. On February 5, 2020, Mitt Romney was the only Republican to vote to convict, on abuse of power.). 2021: Trump impeached again for incitement, acquitted (After the January 6 attack on the Capitol. The Senate voted 57-43 to convict, with seven Republicans joining, still ten votes short.).
Andrew Johnson came closest, in 1868, when the Senate fell one vote short. The 2021 vote against Donald Trump drew the most votes to convict of any presidential trial, 57-43, and still missed by ten.
Richard Nixon resigned in August 1974 after the House Judiciary Committee approved articles of impeachment, so he never faced a vote in either chamber.
Impeachment in 2025 and 2026
Is President Trump facing impeachment? Not in any proceeding that could remove him. As of October 3, 2026, one resolution against him, H.Res.353, sits in the Judiciary Committee with no action, the House has tabled the three that reached the floor, and the House recessed on September 16 to campaign for the November 3 election.
Whether he is impeached again turns mostly on who controls the House after that election. Trump himself told House Republicans on January 6, 2026, that if they lost the midterms, “they’ll find a reason to impeach me” (NBC News). A House majority can impeach, but removal would still take two-thirds of the Senate. Trump’s 2021 trial drew 57 votes to convict, 10 short.
Impeachment has been in near-constant circulation since January 2025, and none of it has reached a Senate trial.
Resolutions filed and shelved. House members have introduced several impeachment resolutions against President Trump in the 119th Congress, including H.Res.353 with seven articles ranging from obstruction of justice to usurping Congress’s appropriations power, H.Res.537 over war powers, H.Res.939 charging abuse of power to intimidate federal judges, and H.Res.1486. Rep. Al Green forced floor votes on the last three, and the House voted to table each one.
Democrats have moved away from tabling. On June 24, 2025, 128 House Democrats joined every voting Republican to table H.Res.537, 344-79. On December 11, 2025, only 23 Democrats voted to table H.Res.939; 140 voted no and 47 voted present. On September 15, 2026, 18 Democrats voted to table H.Res.1486; 147 voted no and 46 voted present, and it was tabled 232-147 (House Clerk, Roll 298). No resolution has reached a vote on impeachment itself.
A Republican moved to impeach the defense secretary. On September 15, 2026, Rep. Thomas Massie of Kentucky filed eight articles of impeachment against Defense Secretary Pete Hegseth, including the charge that he waged war in Iran in violation of the War Powers Act; Massie said the hostilities had run more than 90 days without congressional authorization. He presented it on the House floor, which could force a vote within days (PBS NewsHour). Speaker Mike Johnson instead closed the House early on September 16 and sent members home to campaign, so no vote has been held.
Where Impeachment Resolutions Stand
As of October 3, 2026
- Massie resolution, Secretary Hegseth Proposal, no vote held
Eight articles filed September 15, 2026. The House recessed early on September 16 before any vote. (source)
- H.Res.1486, President Trump Ended, tabled
Tabled 232-147 on September 15, 2026, with 47 present. 147 Democrats voted against tabling. (source)
- H.Res.939, President Trump Ended, tabled
Tabled 237-140 on December 11, 2025, with 47 present. (source)
- H.Res.537, President Trump Ended, tabled
Tabled 344-79 on June 24, 2025. (source)
- H.Res.353, President Trump Proposal
Referred to the Judiciary Committee April 28, 2025, with no committee action. (source)
- Four resolutions against federal judges Proposal
H.Res.229, 241, 143 and 818, against Judges Boasberg, McConnell, Engelmayer and Boardman, sit in the Judiciary Committee with no action. The latest was filed October 17, 2025. (source)
- Secretary Mayorkas Ended, dismissed
Impeached February 13, 2024. The Senate dismissed both articles without a trial on April 17, 2024. (source)
Source: govinfo bill status; House Clerk roll calls 175 (2025), 322 (2025) and 298 (2026); U.S. House History, Art & Archives; PBS NewsHour and The Washington Post (Hegseth)
Impeachment aimed at judges. Four resolutions to impeach federal judges were filed in 2025, each over a decision the judge made in a case. In March 2025 President Trump called for impeaching Chief Judge James Boasberg of the federal district court in Washington, after Boasberg temporarily blocked deportations under an eighteenth-century wartime law and ordered flights already in the air turned around. On March 18, 2025, Chief Justice John Roberts issued a rare public statement through the Supreme Court’s Public Information Office.
”For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.”
Chief Justice John Roberts, March 18, 2025Judges are the only officials the Senate has ever removed.
A Cabinet secretary dismissed without a trial. The Senate voted 51-48 and 51-49 on April 17, 2024 to dismiss both articles against Secretary Mayorkas without hearing arguments. It was the first Cabinet impeachment since 1876.
The Honest Disagreement
One side sees a check working as intended. The tool exists for a president who abuses power, and using it puts the conduct on the permanent record and forces every senator to vote on it. The high bar was meant to keep removal from being casual.
The other side sees a weapon that has been dulled by overuse. When resolutions are filed and tabled repeatedly, and when the outcome of a trial is known before it begins, a grave constitutional remedy starts to look like a messaging exercise.
The voting record gives each reading something.
On February 5, 2020, Mitt Romney was the only Republican to vote to convict Donald Trump of abuse of power, and Trump was acquitted on both articles that afternoon (Senate roll call 33). A year later, seven Republicans voted to convict on incitement. In 1999, ten Republican senators voted to acquit Bill Clinton on the perjury article, and no Democrat voted to convict on either article (Senate roll call 17).
So the party line has decided every presidential outcome but not every senator’s vote. No president has been removed in any era, under any party alignment.
Common Misconceptions About Impeachment
Impeachment is not removal. The House impeaches. Only a two-thirds Senate conviction removes anyone, and that has never happened to a president.
It is not a criminal proceeding. No one goes to prison through impeachment. Criminal charges are a separate matter in a separate court, before or after.
“High crimes and misdemeanors” does not mean a statutory crime. The phrase covers abuse of public trust, and Congress alone decides what qualifies. No court reviews that judgment.
Impeachment is rare at the top and more common below it. Twenty-one officials have been impeached and eight removed, all of them judges. Every president the House has charged has survived the Senate.
“Maladministration” was considered and dropped. Madison warned it would make a president serve “during pleasure of the Senate,” and the Convention adopted “high Crimes and Misdemeanors” instead.
Disqualification is a separate vote. Conviction removes an official. Barring them from future federal office requires an additional vote, which takes only a simple majority.
Frequently Asked Questions
Does impeachment remove someone from office?
No. Impeachment is the charge, voted by the House. Removal happens only if two-thirds of the Senate convicts at trial, which has never happened to a president.
Has any president ever been removed?
No. Four presidential impeachments have produced four acquittals. Andrew Johnson came closest in 1868, one vote short. Nixon resigned in 1974 before the House voted, so he was never impeached at all.
Who has been removed by impeachment?
Eight federal judges, out of 21 officials impeached since 1797. No president, Cabinet secretary, or senator has ever been convicted.
Has a Supreme Court justice ever been impeached?
One. The House impeached Justice Samuel Chase in 1804, and the Senate acquitted him in 1805. No justice has been impeached since.
What counts as a high crime or misdemeanor?
Whatever the House and Senate decide it means. The Constitution does not define it, and the Senate notes that its meaning has long been the subject of debate. The Convention dropped “maladministration” after Madison warned it was too vague.
Can a president be impeached after leaving office?
The Senate tried Donald Trump in February 2021 after his term ended and voted 56-44 that the trial was constitutional, then acquitted him. The underlying question has never been settled by a court.
Can federal judges be impeached over their rulings?
They can be impeached for anything the House calls a high crime or misdemeanor, but Chief Justice Roberts stated in March 2025 that impeachment “is not an appropriate response to disagreement concerning a judicial decision,” pointing to appeals as the proper route.
Who becomes president if Trump is impeached?
No one. Impeachment is only the charge, and the president stays in office through a Senate trial. If two-thirds of the Senate convicted and removed him, Vice President JD Vance would become president under the 25th Amendment.
Did any Republicans vote to impeach Trump?
Yes, in 2021. Ten House Republicans voted to impeach him on January 13, 2021, and seven Republican senators voted to convict him that February. In the first impeachment, no House Republican voted yes, and Mitt Romney was the only senator from his party to vote to convict.
What is the difference between impeachment and the 25th Amendment?
Impeachment addresses misconduct and runs through Congress. The 25th Amendment addresses a president who is unable to serve, and runs through the vice president and Cabinet.
What You Can Do
- Ask your senators where they stand on impeaching judges over rulings. Chief Justice Roberts called that out publicly in March 2025, and it is a live question with a direct answer. Judges are the only officials impeachment has ever removed.
- Push for the oversight tools that work between impeachments. Hearings, subpoenas, inspectors general, and the appropriations process check a president far more often than impeachment does. Ask your representative which ones they have used this term. A president can resist a subpoena only within the limits of executive privilege, which courts have never treated as absolute.
- Keep the charge and the removal straight when you argue. Treating impeachment as removal hands the other side an easy correction and costs you the point.
- Read the primary sources. The Library of Congress guide to federal impeachment collects the constitutional text, the House rules, and the full case record.