High crimes and misdemeanors are forms of political misconduct that can lead to impeachment in the United States. The Constitution initially listed only treason and corruption as grounds for impeachment, but “other felonies and misdemeanors” were added later. Impeachment trials are civil, and the outcome may lead to criminal appeal. The term is nebulous, leaving room for exploitation, but impeachment proceedings are often open to the public, affecting politicians’ reputations with voters.
In the United States, where this phrase features prominently in the Constitution, high crimes and misdemeanors are forms of political misconduct that can be considered grounds for impeachment. The term itself is subject to the interpretation of legislators, without a hard and fast legal definition. When politicians undergo impeachment proceedings, members of the legislature vote to determine whether their actions qualify as serious crimes and misdemeanors.
When the Constitution was drafted, the authors wanted to create a mechanism to remove people from office if they have failed to fulfill their duties or have committed actions in violation of the public trust. Initially, it was proposed that public officials could be impeached for treason and corruption, wording that remains in the Constitution today. George Mason argued that these terms were too narrow, leaving no room for other cases where people could commit actions that made them unfit to hold public office. In a compromise with James Madison, the phrase “other felonies and misdemeanors” was added to the list of grounds for impeachment.
If a politician is impeached, the trial is civil, rather than criminal. Members of the legislature hear evidence and vote on it, deciding whether the person has committed serious crimes and misdemeanors and should be removed from office. The outcome of the proceeding may also lead to a criminal appeal; if someone commits fraud, for example, it can be prosecuted in criminal court as well as being discussed during impeachment proceedings.
The idea of political crimes is nebulous and complex. The goal in adding a deliberately ill-defined term was to create space for the lawmaker to use their judgment, but it can also leave the impeachment process open to exploitation. People can bring articles of impeachment on dubious grounds as long as they can provide some grounds to argue that serious crimes and misdemeanors have actually been committed.
Impeachment proceedings are often open to the public and are usually reported in the media. This provides an opportunity for people to hear evidence for themselves. Even if a politician is not impeached, voters can refuse to vote for that person in a re-election campaign based on revelations that occur during the trial. This is taken into consideration during such trials, as people need to think about the impact allegations and evidence will have on a politician’s reputation with the public.
Protect your devices with Threat Protection by NordVPN
