Although numerous discussions about impeachment flood the media and so-called experts delve deeply into the topic, many ordinary citizens still struggle to grasp its true intent. Even fewer comprehend its broader consequences.
Regardless of whether you’re part of the Baby Boomers, Generation X, or the Millennial cohort, you’ve probably witnessed at least one impeachment process. As impeachment trials once more approach the Senate, those from Generation Z and Generation Alpha will also become familiar with them.
Aside from the Senate discussing whether to conduct special sessions for impeachment procedures, how much do we actually understand about this process? The primary aim of an impeachment is to remove a public servant from office due to severe criminal acts or misconduct as outlined in the Constitution. According to the Charter, individuals such as the President, Vice President, justices of the Supreme Court, members of constitutional commissions, and the Ombudsman can be subject to impeachment. Grounds for impeachment include violations of the Constitution, treason, bribery, graft and corruption, other grave offenses, or betrayal of public trust.
The initiation of an impeachment process is solely within the purview of the House of Representatives. This body drafts the Articles of Impeachment, detailing every reason for seeking the official’s impeachment, conviction, and ouster. If at least one-third of all representatives endorse these articles, they finalize matters in the House; thus, the official faces impeachment. Subsequently, these documents get forwarded to the Senate, where it assumes judicial duties and adjudicates the matter.
During the impeachment trial in front of the Senate, the accused individual must respond to every accusation either through answering or pleading. The Senate will listen to presentations made by both sides: the prosecution—represented by a team selected from within their ranks—and the defense, consisting of representatives choosing legal advisors at their discretion.
If the Senate procedures remain unchanged, all the charges must go through the trial process before the senators cast their final ballots deciding whether to uphold the impeachment. After the conclusion of the hearings for each charge, they are individually put to a vote among the Senators. Should fewer than two-thirds of them find the accused guilty on any count, the outcome will be an acquittal. However, if at least two-thirds of the legislators deem the person guilty under even one article, then it leads to a conviction.
If an official who has been impeached by the House decides to resign before being convicted by the Senate, previous impeachment processes would typically lead to the termination of the trial by the Senate. However, numerous legal scholars argue that the proceeding could still continue post-resignation since the repercussions of impeachment extend beyond just removing someone from their current position; they may also be disqualified from taking up any future public offices.
If the official is acquitted, new impeachment charges can still be filed after a year has passed. However, should they be found guilty, they would be dismissed from their current position and barred from taking up any future roles within the government sector. It’s important to note that once an individual is impeached and convicted, pardon is not possible.
Given that the Senate has adjourned and is presently in recess, could it still conduct an impeachment proceeding? This issue sparks considerable discussion, with some asserting that the chamber can only operate during sessions, whereas others contend that the trial needs to commence right away. Supporters of conducting trials even when not in session argue that since the House impeached the vice president using procedures meant for immediate action—terms similar to those found elsewhere in the Constitution—the Senate should follow suit without postponement. As things stand, both senators and legal scholars remain engaged in this ongoing debate.
Today, what probably occupies everyone’s thoughts is this: Should the vice president be impeached and subsequently removed, who would take over for them? According to the Constitution, the solution is straightforward—the President must put forward a nomination from either the ranks of Senators or Representatives. This candidate would assume office as the new vice president provided they secure confirmation by a majority vote cast individually within each chamber of Congress.
Indeed, every member of both the Senate and the House of Representatives has an equal opportunity to ascend to the role of vice president at present, a post that is essentially one heart beat away from assuming the presidency. Consider the implications carefully.