
Impeachment is a formal process in which an elected official is accused of unlawful activity, and which may or may not lead to the removal of that official from office. It is the first of two stages. Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. Most constitutions require a supermajority to convict. Although the subject of the charge is criminal action, it does not constitute a criminal trial; the only question under consideration is the removal of the individual from office, and the possibility of a subsequent vote preventing the removed official from ever again holding political office in the jurisdiction where he was removed.
The impeachment process is a two-step procedure. The House of Representatives must first pass by a simple majority articles of impeachment, which constitute the formal allegation or allegations. Upon their passage, the defendant has been "impeached".
Andrew Johnson was impeached in 1868 after violating the then-newly created Tenure of Office Act. President Johnson was acquitted by the Senate, falling one vote short of the necessary 2/3 needed to remove him from office, voting 35-19 to remove him. The Tenure of Office Act would later be declared unconstitutional by the Supreme Court of the United States.
Bill Clinton was impeached on December 19, 1998 by the House of Representatives on articles charging perjury (specifically, lying to a federal grand jury) by a 228–206 vote, and obstruction of justice by a 221–212 vote. The House rejected other articles. One was a count of perjury in a civil deposition in Paula Jones's sexual harassment lawsuit against Clinton (by a 205–229 vote) and an article which accused Clinton of abuse of power by a 48–285 vote. The Senate fell short of the necessary 2/3 needed to remove him from office, voting 45-55 to remove him on obstruction of justice and 50-50 on perjury.
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