Impeachment of the U.S. President

Why in news?

The recent investigation report of Special Counsel Robert Mueller concluded that Russia interfered in the 2016 U.S. elections, favouring Mr. Trump.
With this, signs of taking up impeachment proceedings against the U.S. President are seen in the US Congress.

What are the grounds for impeachment?

As per the US Constitution, the President can be removed from office by the Congress.
It can be done for “treason, bribery, or other high crimes and misdemeanours.”
But exactly what all these mean is unclear.
As per various observations, the following were suggested at different periods -

an impeachable offence was whatever a majority of the House of Representatives considers it to be at a particular moment
Congress could look beyond criminal laws in defining “high crimes and misdemeanours”

Historically, it can encompass corruption and other abuses, including trying to obstruct judicial proceedings.

How is impeachment carried out?

The term impeachment is often interpreted as simply removing a president from office, but that is not strictly accurate.
Technically, it refers to the 435-member House of Representatives approving formal charges against a president.
The House effectively acts as accuser - voting on whether to bring specific charges.
An impeachment resolution, known as “articles of impeachment,” is like an indictment in a criminal case.
A simple majority vote is needed in the House to impeach.
The Senate then conducts a trial.
So, House members act as the prosecutors and senators as the jurors.
The chief justice of the U.S. Supreme Court presides over the trial.
A two-thirds majority vote is required in the 100-member Senate to convict and remove a president from office.

What is the proof of wrongdoing?

In a typical criminal court case, jurors are told to convict only if there is “proof beyond a reasonable doubt.”
However, impeachment proceedings are different.
The House and Senate can decide on whatever burden of proof they want.
There is no agreement on what the burden should be.

What is the Supreme Court's power?

America’s founders explicitly rejected making a Senate conviction appealable to the federal judiciary.
They clearly decided this as a political process and it is ultimately a political judgment.
In other words, the Supreme Court cannot overturn the impeachment.

Had there been successful impeachments before?

No U.S. President has ever been removed from office as a direct result of impeachment and conviction by the Congress.
President Nixon quit in 1974 rather than face impeachment.
Presidents Andrew Johnson in 1868 and Bill Clinton in 1998 were impeached by the House.
But both stayed in office after the Senate acquitted them.

What are the present chances of impeachment?

Right now, there are 235 Democrats, 197 Republicans and 3 vacancies in the 435-member House.
Going by simple majority, the Democratic majority could vote to impeach Trump without any Republican votes in the House.
The Senate now has 53 Republicans, 45 Democrats and two independents who usually vote with Democrats.
Conviction and removal of a president would require 67 votes in Senate (two-third majority).
So for Trump to be impeached, at least 20 Republicans and all the Democrats and independents would have to vote against him.
In case if a Senate conviction removes Trump from office, it would elevate Vice President Mike Pence to the presidency for the remaining term.

Source: Indian Express