The United States Constitution provides in Article II, Section 4
that the President and other civil officers of the federal
government are subject to removal from office upon impeachment by
the House of Representatives and conviction by the Senate of
treason, bribery and "other high Crimes and Misdemeanors." However,
no authoritative definition of "high crimes and misdemeanors" was
provided by the Framers either in the Constitution itself or in the
debates at the constitutional convention. As a consequence, the
meaning of "high crimes and misdemeanors" has been a subject of
controversy beginning with the first impeachment and trial of Judge
John Pickering in 1804 and continuing through the impeachment of
President William Jefferson Clinton. The study seeks to discern the
meaning of "high crimes and misdemeanors" not only from the record
of the constitutional convention and the state ratifying
conventions, together with history of British parliamentary
impeachments and the experience of the American colonies and states
which informed the Framers' adoption of "high crimes and
misdemeanors" as grounds for removal of the President, but also
from the circumstances that resulted in the impeachments of
Presidents Andrew Johnson, Richard M. Nixon and Clinton, as
Congress labored to give substance to the "high crimes and
misdemeanors" standard.
General
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