Articles of impeachment are a constitutional tool that allows Congress to hold a federal official accountable for serious misconduct. Filing begins the formal process that can lead to removal from office, making it important to understand who holds this power. In the United States, the House of Representatives holds the sole power to impeach, while the Senate conducts the trial. This overview explains who may file articles, the rules that govern impeachment, historical precedents, and what happens after filing, using only verified details and long-term context.
Constitutional authority and who may file
The U.S. Constitution assigns the House alone the power to impeach federal officials, including the President, Vice President, and other civil officers. The House does not vote on removal; that occurs in the Senate after a trial. Any member of the House, or a committee to which a complaint is referred, can draft and introduce articles of impeachment. No external body, such as state legislatures or courts, may file impeachment articles against federal officers.
At the federal level, the process is distinct from recall elections, which some states use to remove state officials. States set their own rules for impeaching their own officers and removing state judges or executives, which can include mechanisms such as citizen petitions or legislative action. Those systems operate separately from the federal impeachment process and are not covered by the U.S. Constitution’s impeachment clauses.
Key roles and procedural steps
Impeachment begins with a proposal, which may come from a House member, a committee, or a task force investigating allegations. Committees, such as the House Judiciary Committee or, historically, the House Managers in prior trials, assess evidence and decide whether to advance articles. The full House then debates and votes on those articles. If a simple majority approves at least one article, the official is impeached, and the case moves to the Senate for trial.
From House to Senate
After impeachment by the House, the Senate holds a trial presided over by the Chief Justice of the United States when the President is tried. Senators act as jurors, and a two-thirds majority is required to convict and remove the official from office. Dispositions may include removal, disqualification from future office, or, in some cases, no action if votes fall short of the required threshold.
Historical examples of articles filed
The U.S. history of impeachment includes several notable cases that clarify how the process has been used. These examples show the range of officials subject to impeachment and the types of conduct that have led to formal articles.
| Official | Date of impeachment by the House | Articles filed | Outcome |
|---|---|---|---|
| Andrew Johnson | February 24, 1868 | 11 articles, primarily related to violating the Tenure of Office Act | Acquitted in Senate; not removed |
| Richard Nixon | Resigned July 10, 1974, after Judiciary Committee approved three articles | Three articles concerning obstruction, abuse of power, contempt of Congress | Resigned before full House vote or Senate trial |
| Bill Clinton | December 19, 1998 | 2 articles: perjury to a grand jury and obstruction of justice | Acquitted in Senate; not removed |
| Donald Trump | December 18, 2019 | 2 articles: abuse of power and obstruction of Congress | Acquitted in Senate; not removed (February 2020) |
| Donald Trump | January 13, 2021 | 1 article: incitement of insurrection | Acquitted in Senate; not removed (February 2021) |
| Joe Biden | November 2023, House authorized formal inquiry | House procedures initiated; no articles formally filed by the full House as of this entry | Ongoing oversight and inquiry phase |
Who files and what happens next
In practice, any Representative may introduce impeachment resolutions or refer complaints to committees. Committees investigate, hold hearings, and may report findings to the full House. The House then votes on whether to send managers to the Senate, mirroring the role managers played in past high-profile impeachments. At the Senate stage, after a trial, the body votes on removal and any additional remedies such as disqualification from future office.
Impeachment is reserved for serious abuses such as treason, bribery, or other high crimes and misdemeanors. It is not a general election-year political tool, nor is it used for ordinary policy disagreements. The Framers designed impeachment as a congressional check on executive and judicial misconduct, distinct from state-level removal or recall processes.
Clarifying common points of confusion
- Impeachment by the House is an accusation, not a removal.
- Only the Senate can convict and remove an official from office.
- Any Representative may initiate the process through resolutions or committee referrals.
- State recall laws and federal impeachment are separate systems with different rules.
- No president has ever been removed through impeachment; some have resigned or been acquitted after trial.
Key distinctions and related concepts
Impeachment is frequently confused with removal, resignation, or recall. Impeachment is the formal accusation by the House; removal is the Senate’s decision. Resignation is a voluntary departure by the official. Recall refers to state-level mechanisms that allow voters to remove officials between elections. Understanding these distinctions helps clarify what filing articles of impeachment actually means in practice and in constitutional design.