Quick Answer
To impeach a president, a majority of the House of Representatives must vote to approve articles of impeachment. This requires 218 signatures if all 435 representatives vote. If some representatives abstain or miss the vote, fewer signatures could be enough. The Senate then tries the president on the impeachment articles, with a two-thirds majority (67 senators) needed to convict and remove the president.
How Many Votes Are Required in the House of Representatives?
The U.S. Constitution gives the House of Representatives the sole power to impeach the president, vice president, and other federal officers (Article I, Section 2). This means the House must approve articles of impeachment to formally charge the president with “Treason, Bribery, or other high Crimes and Misdemeanors” (Article II, Section 4).
To impeach the president, the House must pass the articles of impeachment by a simple majority vote. With 435 representatives, 218 votes are required if everyone votes. In practice, some members may abstain or miss the vote, so the actual number could be lower. For example, President Bill Clinton was impeached in 1998 by 228-206 and 221-212 votes on two articles.
The Impeachment Process in the House
The impeachment process typically begins when individual members of the House sponsor and vote on a resolution to authorize an impeachment inquiry. This inquiry is usually conducted by the House Judiciary Committee.
The Judiciary Committee investigates the case against the president and drafts the articles of impeachment. These articles list the specific charges of misconduct or abuse of power. The committee votes on whether to approve each proposed article.
Once the Judiciary Committee approves one or more articles, they are reported to the full House of Representatives for consideration and vote. The House debates and votes on each article separately. If a simple majority approves any article, the president is impeached.
However, impeachment itself does not remove the president from office. That requires a subsequent conviction in the Senate impeachment trial.
Historical Presidential Impeachments
Only two U.S. presidents have been impeached by the House in history:
- Andrew Johnson in 1868 – Impeached by a 126-47 vote, but not convicted by the Senate
- Bill Clinton in 1998 – Impeached by 228-206 and 221-212 votes, but not convicted by the Senate
In both cases, the opposition party controlled the House but lacked the two-thirds majority needed to convict in the Senate. No president has ever actually been removed through the impeachment process.
President Richard Nixon faced near certain impeachment and conviction over the Watergate scandal in 1974. To avoid this fate, he became the only president to resign from office.
Conviction and Removal Requires 67 Votes in the Senate
If the House of Representatives impeaches the president, the Constitution requires the Senate to hold a trial to determine whether to convict and remove him from office. The chief justice of the Supreme Court presides over the trial.
A two-thirds majority, or 67 votes, is required to convict the president on any article of impeachment. If convicted on any count, the president is immediately removed from office. The Senate may also vote by simple majority to prohibit the convicted president from holding federal office in the future.
The Impeachment Trial Process
Impeachment trials of federal officers follow set procedures according to Senate rules:
- House impeachment managers act as prosecutors, presenting the case against the president.
- The president can mount a defense, often with assistance from outside counsel.
- The Senate hears witness testimony and receives evidence if called for.
- After hearing the case, the Senate deliberates in closed session.
- The Senate holds a final public vote on whether to convict the president on each article of impeachment.
In both previous presidential impeachment trials, the Senate did not convict the president and remove him from office. However, the impeachment still brought grave political consequences even without Senate conviction.
The Senate’s Role as Jury and Judge
The framers of the Constitution intended the Senate to serve as both impartial jury and judge during presidential impeachment trials:
- As jury, the Senate impartially weighs the evidence and testimony to determine the facts and decide if the president is guilty of the impeachment articles.
- As judge, the Senate also determines the political consequences, mindful of the future impact on the nation.
The two-thirds vote threshold serves as a check against partisan impeachments by the House. Unless misconduct is sufficiently grave and proven, bipartisan agreement should be required to overturn a presidential election.
What Happens When the President Is Impeached and Convicted?
If the Senate convicts the president on any article of impeachment, the Constitution specifies immediate removal from office as the mandatory punishment. The Senate can also vote to disqualify the convicted president from holding future federal office, though this requires just a simple majority vote.
Unlike lower federal judges and other officers who can be impeached, the president’s elected term does not automatically expire upon conviction and removal. The presidency would abruptly become vacant until filled by the constitutional succession process:
- The vice president immediately becomes president upon the predecessor’s removal.
- If the vice presidency is also vacant, the Speaker of the House is next in line to the presidency.
- If neither officer is able to serve, the presidency passes to the President pro tempore of the Senate and then through the line of eligibility in the Presidential Succession Act.
Aside from removal, the Senate may not levy any additional punishments against the president upon conviction. However, the impeached and convicted president could subsequently face criminal prosecution and penalties in the courts.
Can a President Be Re-Elected After Impeachment?
It is possible for a president to be re-elected after having previously been impeached and tried, as long as he or she was not convicted and removed by the Senate.
For example, President Bill Clinton was impeached by the House in 1998 during his second term in office. Because the Senate acquitted him, Clinton completed his term and theoretically could have run for re-election in 2000 under the 22nd Amendment (he was term-limited anyway).
However, no impeached and tried president has ever attempted to run for another term. Moreover, if the Senate convicted the president and barred him from federal office, that would prevent any future run absent a reversal.
Can a President Pardon Himself from Impeachment?
No. The Constitution expressly denies the president’s pardon power with regards to impeachment. According to Article II, Section 2:
…he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
This clause intends to prevent the president from abusing the pardon power to immunize himself or associates from consequences for crimes related to impeachment charges. If pardons could thwart an impeachment, the House would lack the ability to effectively hold the president accountable.
Does Impeachment Require Criminal Conduct?
Not necessarily. While impeachable offenses often involve criminal behavior, the Constitution’s “high crimes and misdemeanors” standard does not require an actual crime.
The framers intentionally kept this phrase broad to encompass abuses of power, betrayal of the national interest, corruption, and other misconduct deemed sufficient to justify removal. A president can be impeached for actions that violate the public trust even if they do not violate criminal statutes.
However, Congress tends to exercise restraint when considering non-criminal but impeachable behavior. The House is unlikely to impeach absent clear evidence of egregious abuses or negligence threatening national security and constitutional duties.
Can Congress Start Impeachment Proceedings for Any Reason?
Legally, the House majority can initiate impeachment against the president based on any reason it chooses. The Supreme Court has ruled that the impeachment process is a political issue for Congress to decide, not a justiciable matter for the courts (Nixon v. United States).
Politically, however, the House risks backlash if it impeaches without substantial justification. An excessively partisan or unwarranted impeachment could be viewed as an abuse of power itself. This helps explain why no president was impeached for over a century between Andrew Johnson and Richard Nixon.
There is no definitive checklist defining sufficient grounds for impeachment. But historical precedent and constitutional principles instruct Congress to deliberate carefully and impeach presidents only for grave reasons threatening liberty, the public trust, and national security.
Can Impeachment Be Repealed or Overturned?
Congress cannot repeal or overturn an impeachment after the fact. Once the House impeaches and the Senate convicts, the decisions are final and cannot be undone.
However, if a president is impeached by the House but acquitted by the Senate, a future Congress controlled by the other party could launch a second impeachment attempt on the same or different charges. The double jeopardy rule against repeated trials for the same crime does not apply to impeachment proceedings.
A president can thus face multiple impeachments and trials throughout his term. Yet the substantial political hurdles of impeachment likely prevent repeated attempts absent highly compelling new evidence of misconduct.
Conclusion
Impeachment remains an extraordinary process reserved for egregious abuses of executive power. The House requires 218 votes on a simple majority basis to impeach a president. If impeached, the president faces a Senate trial presided by the chief justice, with a two-thirds majority of 67 votes required to convict and remove the president from office.
Though politically challenging, the fundamental structure of checks and balances empowers Congress to conduct impeachment proceedings when deemed necessary to preserve liberty against presidential misconduct. But such measures also require prudence and restraint to prevent partisan abuse of impeachment as a tool for overturning elections.
