Q. What are the grounds for impeachment?



A. As noted above, the Constitution specifies that high government officials may be impeached for "treason, bribery, or other high crimes and misdemeanors." What precisely constitutes "high crimes and misdemeanors" is, however, uncertain because the courts have not specifically defined or interpreted the term, unlike other constitutional clauses. Treason and bribery are very serious offenses against the state, and most experts agree that offenses encompassed within "high crimes and misdemeanors" are similarly serious. ("Misdemeanors" is a constitutional term that does not have the current meaning of an offense less serious than a felony.)

There is historical precedent dealing with impeachable conduct. For example, in 1974 the House Judiciary Committee rejected articles of impeachment against President Nixon for the secret bombings in Cambodia, which were viewed as being within executive prerogative as commander in chief, and for personal income tax irregularities, which were viewed as too personal to warrant impeachment. (The articles approved by the House Judiciary Committee related to criminal actions during the cover-up of the Watergate break-in; as noted above, Nixon resigned before the full House voted on the articles).

Also, many experts agree that there are different standards for impeachable and criminal conduct. In the words of Dean John D. Feerick of Fordham University School of Law, in an article published in 1984, "Most authorities agree--and the precedents are in accord--that an impeachable offense is not limited to conduct which is indictable. Conduct that undermines the integrity of a public office or is in disregard of constitutional duties or involves abuse of power is generally regarded as grounds for impeachment. Since impeachment is a drastic sanction, the misconduct must be substantial and serious."



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