Can a US President Be Impeached for Non-Legal Actions?

The United States Constitution outlines the grounds for impeachment, but the phrase 'other high crimes and misdemeanors' has led to a wide range of interpretations. Can a president be impeached for actions that are not explicitly illegal under the law? This article explores the historical context and recent developments in this contentious issue.

Foundational Grounds for Impeachment

According to the constitutional text, impeachment proceedings must be based on 'treason, bribery, or other high crimes and misdemeanors.' However, Article II provides a less clear path. The language 'other high crimes and misdemeanors' is deliberately vague, leaving room for expansive interpretations.

Historical Context and Precedent

The U.S. Constitution establishes the process for impeachment but does not define explicitly what constitutes 'other high crimes and misdemeanors.' This ambiguity has led to various interpretations over the years. For example, in 1798, Judge John Pickering was convicted for drunkenness and 'unlawful rulings,' despite the lack of any specific law against these charges.

Interpretations and Legal Scholar Disagreements

Legal scholars diverge on the interpretation of 'unlawful rulings' and 'high crimes.' Is a 'ruling I disagree with' grounds for impeachment? The ambiguity of the terms makes it challenging to establish a clear legal framework, leading to potential abuse of the impeachment process.

The Political Nature of Impeachment

When the target is the president, impeachment becomes an intensely political process rather than a legal one. Judges and other government officials have been impeached for acts that are not explicitly illegal, but such cases are rare and often involve scandalous or egregious conduct.

Impeachment of Government Officials

Article II, Section 4, of the Constitution suggests that 'high crimes and misdemeanors' apply to 'all civil officers,' including the president. Yet, in practice, the process is fraught with political considerations. For example, the impeachment of cabinet officials often hinges on more specific charges than those against the president.

Senate's Role in Impeachment Proceedings

Impeachment and Expulsion by Congress

The House of Representatives holds the power to impeach, and the Senate is responsible for the trial and conviction. Unlike state-level impeachments, which often have more defined standards, the U.S. impeachment process is malleable. The Senate has the ability to expel members of Congress for both betrayal and unbecoming conduct.

For instance, in the case of the first-ever senator expelled by the U.S. Senate, it was made clear that the House and Senate could use expansive interpretations of the Constitution. This precedent sets a framework for how the legislative branch might use its power to address misconduct.

Impeachment of Former Officials

Impeachment proceedings can also target former officials, such as those no longer in office. For example, in the case of former Secretary of War Caleb Cushing, although he resigned during the impeachment process, the proceedings were still initiated. This demonstrates that the impeachment process is not solely limited to currently serving officials.

Enforcement and Potential for Abuse

Article II, Section 4, also mentions that high crimes include 'conduct prejudicial to good order and discipline.' However, the practical application of this has been seen in more rare cases, such as former President Trump, where his impeachment was focused on aiding the enemy and insurrection.

To date, no court has ruled that an impeachment was carried out improperly. However, instances like those involving President Trump suggest that the Senate can find a way to acquit without a full trial. This is further evidence of the political nature of the impeachment process.

Conclusion

The grounds for impeaching a U.S. president are not strictly defined by the legal system, making it a highly political process. The phrase 'other high crimes and misdemeanors' has led to a series of contentious debates and legal disputes, emphasizing the need for clear, unambiguous definitions. As political dynamics continue to evolve, the line between legal and political considerations in impeachment proceedings will remain a contentious issue.