What are the constitutional procedures for impeaching and removing a U.S. president, step by step?

Checked on January 25, 2026
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Executive summary

The Constitution creates a two-step, congressional process to charge and remove a President: the House of Representatives has the sole power to impeach (bring charges), and the Senate has the sole power to try impeachment-process-in-the-us">impeachments and convict to remove from office [1] [2]. The text and historical practice make impeachment a political remedy for "Treason, Bribery, or other high Crimes and Misdemeanors," with rules and traditions—like committee inquiries, House managers, and a two‑thirds Senate threshold—fleshing out the constitutional skeleton [1] [3] [2].

1. Constitutional foundation: who, what, and why

The Constitution specifies that the President, Vice President, and "all civil Officers" are removable upon impeachment and conviction for treason, bribery, or other high crimes and misdemeanors, and it allocates the sole power of impeachment to the House and the sole power to try impeachments to the Senate [1] [4]. Scholars and historical sources emphasize that "high crimes and misdemeanors" was left deliberately broad—political as well as criminal conduct may qualify—so impeachment is ultimately a political check rather than a criminal proceeding per se [3] [5].

2. Initiation: investigations, resolutions, and the impeachment inquiry in the House

Impeachment typically begins with information, a member’s resolution, or a committee referral that prompts an investigation; the House Judiciary Committee and other committees conduct fact‑gathering, hearings, document subpoenas, and legal analysis to decide whether to recommend articles of impeachment, though an inquiry is not constitutionally required [6] [5]. House leaders may structure debate and procedures through committee votes or floor resolutions, and political calculation—public opinion, party control, and oversight imperatives—shapes whether investigations escalate to formal articles [7] [6].

3. Formal charge: House vote and articles of impeachment

If the House drafts and approves articles of impeachment by a simple majority, the President is formally impeached—meaning charged—not removed; the House then appoints "managers" to present the case to the Senate and transmits the articles to the Senate, pursuant to longstanding House practice and rules [8] [6]. Historically the House has used various procedural routes—resolutions authorizing inquiry, committee votes reporting articles, or direct floor resolutions—and those choices can reflect partisan aims or efforts to control the scope of the proceedings [7] [6].

4. Trial: the Senate’s constitutional role and who presides

The Senate acts as the trial tribunal; Senators sit as jurors, are sworn, and may hear evidence and arguments presented by House managers and the impeached official’s counsel, with the Constitution requiring that the Chief Justice preside over presidential trials, a rule intended to prevent conflicts when the Vice President would otherwise preside [2] [4]. The Senate’s rules and precedents govern witnesses, evidentiary procedures, and trial schedule, but the Constitution vests the Senate with exclusive authority over how to conduct the trial, which makes this stage as much political as juridical [2] [3].

5. Conviction, removal, and optional disqualification

Conviction in the Senate requires a two‑thirds majority of Senators present; upon conviction the penalty provided by the Constitution is removal from office, and the Senate may hold an additional separate vote to disqualify the individual from holding future federal office—disqualification needing only a simple majority under Senate practice [2] [9]. Impeachment and Senate judgment do not preclude subsequent criminal prosecution in ordinary courts, and the President’s pardon power does not extend to protection from impeachment outcomes [1] [3].

6. Political realities, precedents, and limits on judicial review

Impeachment is fundamentally a political process with sparse judicial oversight—Supreme Court precedents and legal commentary underscore that courts are largely excluded from revising congressional impeachment judgments—so outcomes often reflect the Senate’s partisan balance, precedent, and political judgment rather than a straight application of criminal law [3] [4]. Historical practice—no president has yet been removed by conviction and only eight federal officials (all judges) have been removed—illustrates both the rarity of successful removals and the powerful institutional hurdles embedded in the two‑step design [8] [10].

Want to dive deeper?
What procedures has the House Judiciary Committee historically used to investigate presidential misconduct?
How have Senate rules and precedents governed witness testimony in presidential impeachment trials?
What constitutional arguments have been made about the meaning of 'high Crimes and Misdemeanors'?