Impeachment: All You Need to Know

President Johnson impeachment, 1868

President Johnson impeachment, 1868

Phil Jensen


(And you do need to know it)

1. It is NOT necessary that the President, other officers in the executive branch, or federal judges commit a crime before they may be impeached & removed from office.

Federalist Paper No. 66 (2nd para) & Federalist  No. 77 (last para) show that the President may be impeached & removed for encroachments, i.e., usurpations of power.

Ted Cruz 2016


Federal judges may also be impeached & removed for usurpations of power (Federalist No. 81, 8th para).

Throughout The Federalist Papers, it is stated that impeachment is for “political offenses”.

2. The House has the SOLE power of impeachment (Art. I, Sec. 2, last clause).  The Senate has the SOLE power to try all impeachments (Art. I, Sec. 3, next to last clause).  The decision to convict is not reviewable by any other body – and common sense tells us what that means!  The House may impeach, and the Senate may convict, for any reason whatsoever; and their decision cannot be overturned.

Woodrow Wilcox


3. The meaning of “Treason, Bribery, or other high Crimes and Misdemeanors” at Art. II, Sec. 4, is far broader than one might at first glance think.  Somewhere I saw a scholarly paper showing that the “high” refers to the status of the official – it does not refer to the severity of the offense.

Adam Schiff makes his opening statement to the Senate Impeachment Trial Committee on the Articles of Impeachment Against Judge G. Thomas Porteous, Jr. of the Eastern District of Louisiana. Judge Porteous is seated to the left.

Impeachment of Judge G. Thomas Porteous, Jr. of Louisiana.

Now, note well! “Misdemeanor” has a broader meaning than “a lesser category of criminal offense”.  Webster’s 1828 Dictionary shows the primary meaning is:  “Ill behavior; evil conduct; fault; mismanagement.”

This shows that a President, Vice-president, and all civil Officers and Judges of the United States may be impeached, tried, convicted, and removed from office for “mismanagement”.

4. Errant members of Congress are never impeached – they are expelled (Art. I, Sec. 5, cl. 2).

5. Military personnel are never impeached – they are court-martialed (see UCMJ – Uniform Code of Military Justice), and may be kicked out of the military.

6. It is not feasible to criminally prosecute, under federal law, a sitting President: his prosecutors, the Attorney General and the U.S. Attorneys, all serve at the President’s pleasure.  He can fire anyone who dares to criminally prosecute him.  That is why sitting Presidents who have committed federal crimes must first be removed from office via impeachment, then be criminally prosecuted.  (Federalist No. 69, 4th para).

But do not forget: A President may – and should – be impeached & removed for usurpations of power, mismanagement, incompetence, or for any other reason deemed sufficient by Congress.

Tickets for Bill Clinton’s impeachment trial on January 14, 1999

Tickets for Bill Clinton’s impeachment trial on January 14, 1999

The lawful methods of getting rid of a sitting President [whether eligible or not to hold the office], in addition to impeachment, are set forth in the 25th Amendment: Natural death, resignation, or inability to do the job.

The 22nd Amendment permits Congress to make laws providing for succession where a President elect has not qualified.

Do not spin your wheels in fruitless insistence that a person (who may still be an Indonesian national) who occupies the office of President can’t be impeached because he is ineligible to hold that office.  The FACT is that he holds the office.  Impeachment is a lawful & constitutional method to rid ourselves of this blight. PH

This article is printed with the permission of the author(s). Opinions expressed herein are the sole responsibility of the article’s author(s), or of the person(s) or organization(s) quoted therein, and do not necessarily represent those of American Clarion or Dakota Voice LLC.

Comment Rules: Please confine comments to salient ones that add to the topic; Profanity is not allowed and will be deleted; Spam, copied statements and other material not comprised of the reader’s own opinion will be deleted.

Similar Posts:

Publius Huldah is a retired litigation attorney who now lives in Tennessee. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge). She now writes extensively on the U.S. Constitution, using the Federalist Papers to prove its original meaning and intent. She shows how federal judges and politicians have ignored Our Constitution and replaced it with their personal opinions and beliefs. She also shows how The People can, by learning our Founding Principles themselves, restore our Constitutional Republic.
Publius Huldah
View all articles by Publius Huldah
Print Friendly


  • publiushuldah

    I wrote this to assist in the Countrywide “Overpasses to impeach obama” movement. Learn about it in the video, and then look for the organizations in your State and County. And pass out this Primer so that people will be armed with the Truth.

  • thisoldspouse

    Thanks, as always, for the education, PH. Even with the lower standard requirement for impeachment than is realized, Obama FAR surpasses that level. He is unarguably a traitor, a despot, and a political criminal.

  • retiredday

    The problem is that the present oligarchy — all three branches and both major political parties — don’t give a fig about the constitution. For a century they’ve increasingly been committing unconstitutional acts. At first they got away with it because the people were sold on the idea that the government was improving our lot. Now they get away with it because half of all Americans don’t really care about anything beyond their own petty interests.

    Despite impassioned pleas to help the “poor”, the poverty level in America is the envy of most people on our planet. The fact is that We The People are largely a bunch of fat, spoiled, self-centered, immature, irresponsible babies, devoid of the noble character required to aspire to freedom.

    The best medicine in the world does no good if it sits, unused. That’s our constitution… gathering dust in some dim corner.

    • publiushuldah

      Ask TP people to list (without looking it up) 4 of the enumerated powers of Congress, and 2 of the enumerated powers of the President.

      They don’t know. THAT is what has happened to our Constitution. Our People haven’t troubled themselves to read it.

      And then, they go around spouting off about amendments we need to “fix” a document they never cared enough about to read.