ARTICLES OF IMPEACHMENT

4 definitions found across Law Mind sources

ARTICLES OF IMPEACHMENTAuthored
The Law Mind • 1115 words
Definition
Articles of impeachment are the formal written charges brought against a civil officer of government — in the United States, typically the President, Vice President, federal judges, or other civil officers — as the first stage of the impeachment process. They are drafted and approved by the lower legislative chamber (the House of Representatives at the federal level, or the relevant assembly at the state level) and then transmitted to the upper chamber (the Senate, or its state equivalent) for trial. Each article sets out a discrete ground for impeachment — a specific allegation of misconduct — and the full set of articles together defines the scope of the charges the officer must answer. The articles do not result in criminal punishment directly; they initiate a constitutional removal proceeding. Conviction on the articles by the Senate (or upper chamber) results in removal from office and may include disqualification from holding future office; criminal liability, if any, follows separately in ordinary courts. At the federal level, the constitutional grounds for impeachment are treason, bribery, or other high crimes and misdemeanors. Articles of impeachment need not be drafted with the technical precision of a criminal indictment, and historically they have not been.
Common Confusion
The word "impeachment" causes persistent confusion in common usage. In ordinary political discourse, "impeachment" is often treated as synonymous with removal from office. It is not. Impeachment is the charging stage — analogous to indictment — conducted by the House. Removal requires conviction by the Senate after trial. A public official can be impeached (charged) and acquitted (not removed). Presidents Andrew Johnson, Bill Clinton, and Donald Trump (twice) were each impeached by the House and acquitted by the Senate; none was removed by the impeachment process. A separate and unrelated legal meaning of "impeachment" — challenging the credibility of a witness at trial — has no connection to articles of impeachment. See the ENCYCLOPEDIA CROSS-REFERENCE section for the witness-credibility usage.
Why It Matters in Research
Researchers working in constitutional law or political history should be alert to several navigational issues. First, the indictment analogy has real limits. Historical sources, including Bouvier's and Blackstone, describe articles of impeachment as performing the same office as an indictment. This analogy is useful for understanding their charging function but breaks down quickly: articles need not allege specific statutory crimes, do not require grand jury action, are drafted by a legislative body following legislative procedure (not prosecutorial standards), and are not subject to the evidentiary rules or due process constraints that govern criminal indictments. Treating the analogy as structural equivalence will mislead research into the standards for what an article must contain. Second, the phrase "high crimes and misdemeanors" embedded in the constitutional predicate for impeachment has its own contested interpretive history and should be researched as a discrete term. Historical dictionaries handle it inconsistently, and its meaning has been argued in every modern impeachment proceeding. Third, state-level impeachment processes vary considerably. The structural pattern — lower house charges, upper house tries — is common but not universal among U.S. states, and the grounds for impeachment at the state level are not necessarily coextensive with the federal constitutional formula. Research into state impeachment proceedings requires consulting the relevant state constitution directly. Fourth, the corpus will surface the witness-credibility sense of "impeachment" far more frequently than the constitutional removal sense. Researchers must distinguish context carefully. Searching "articles of impeachment" as a phrase is more reliable than searching "impeachment" alone. Fifth, historical proceedings — particularly the impeachment of Warren Hastings in England and the Johnson impeachment in 1868 — generated extensive primary documents that use the term in its strict technical sense and are valuable for understanding how the articles function procedurally.
Historical Dictionary Support
The three source dictionaries converge on the core definition: articles of impeachment are formal written allegations of grounds for impeachment, prepared by the lower legislative house and presented to the upper house for trial. All three invoke the analogy to a criminal indictment, and all three derive this analogy from Blackstone's characterization of the articles as "a kind of bills of indictment." Bouvier adds the useful qualification that the articles "do not usually pursue the strict form and accuracy of an indictment, but are sometimes quite general in the form of the allegations" — citing Wooddeson's Lectures and Story's Commentaries. This caveat is practically important and often underemphasized. Rapalje & Lawrence is the most precise of the three on procedure, specifying the directional flow from lower to upper house and noting the English parallel (Commons to Lords). What the historical dictionaries do not address: the constitutional question of what conduct qualifies as an impeachable offense, the procedural rules governing House impeachment proceedings, the Senate trial rules, or the evidentiary standards (if any) that govern the trial phase. These gaps reflect the dictionaries' orientation toward definition rather than constitutional analysis. Researchers should not rely on these entries for guidance on the substantive standards.
Jurisdictional Note
The federal impeachment process is governed by Article I and Article II of the U.S. Constitution. State impeachment processes are governed by individual state constitutions, which vary in their enumerated grounds, procedural rules, and the officers subject to impeachment. Some states vest impeachment trial authority in a special court rather than the upper legislative chamber.
Encyclopedia Cross-Reference
Note: The Law Mind Civil Procedure & Evidence Encyclopedia contains entries on impeachment of witnesses — a legally and procedurally distinct concept involving challenges to witness credibility at trial. These entries are not about articles of impeachment in the constitutional removal sense. Relevant entries for the witness-credibility sense of impeachment only: — Impeachment by Prior Inconsistent Statement — Rule 613 (civpro_176) — Impeachment by Contradiction and Collateral Matters Doctrine (civpro_177) — Impeachment by Character for Untruthfulness — Rules 608 and 609 (civpro_178) No Law Mind Encyclopedia entry currently covers impeachment in the constitutional removal sense. Researchers should consult constitutional law sources directly.
Related Terms
Impeachment — the overarching constitutional process of which articles of impeachment are the charging instrument High crimes and misdemeanors — the constitutional standard for impeachable conduct at the federal level Indictment — the criminal law analog; useful for structural comparison but not substantively equivalent Bill of attainder — a constitutionally prohibited legislative act punishing a named individual; historically confused with impeachment proceedings Removal from office — the consequence of conviction on articles of impeachment; distinct from impeachment itself Trial of impeachment — the Senate proceeding that follows transmittal of the articles Presentment — historical term for a related legislative charging document Censure — a non-removal legislative rebuke sometimes proposed as an alternative to impeachment; not equivalent
ARTICLES OF IMPEACHMENTmain
Black's Law Dictionary • 1891
A formal written allegation of the causes for impeachment; answering the same office as an indictment in an ordinary criminal pro- ceeding. A
ARTICLES OF IMPEACHMENTmain
Bouvier's Law Dictionary • 1928
A written articulate allegation of the causes for impeachment. See 9 Am. & Eng. Encyc. of Law 951. They are called by Blackstone a kind of bills of indictment, and perform the same office which an indictment does in a common criminal case. They do not usually pursue the strict form and accuracy of an indictment, but are sometimes quite general in the form of the allegations. Woodd. Lect. 605; Sto. Const. 5th ed. §§ 807; Com. Dig. Parliament. L. 21; Foster, Cr. L. 889. They should, however, contain so much certainty as to enable a party to put him- self on the proper defence, and in case of an acquit- tal to avail himself of it as a bar to another impeach- ment. Additional articles may perhaps be exhib- ited at any stage of the proceedings; Rawle, Const. 216. The answer to articles of impeachment, need not observe great strictness of form; and it may con- tain arguments as well as facts. It is usual to give a full and particular answer to each article of the accusation; Story, Const. 5th ed. $ 810; Jeff. Man. $53. See IMPEACHMENT.
ARTICLES OF IMPEACHMENTmain
Rapalje & Lawrence • 1888
- The formal written allegations of the grounds for the impeachment and removal of a public officer. They are prepared by the lower legislative house, i. e. the house of representatives, or the assembly (in England the house of commons) and presented to the upper house (senate or house of lords) for trial. ARTICLES OF PARTNERSHIP, _ The formal agreement in writing between partners, by which the firm is formed; the firm name; the commencement, duration, and object of the partnership decided upon; the nature and management of the business; the time, mode, and respective amounts of capital to be severally paid in by the partners; their respective shares in the profits and losses; the settlement of the firm accounts, and the ultimate winding up of the partnership, are provided for and agreed upon; together with such other matters, such as specifications of the powers granted to the several partners; their respective duties; the settlement of disputes between them by arbitration, &c., &c., as the parties may decide to insert. ARTICLES OF THE PEACE.-A complaint made or exhibited to a court by a person who makes oath that he is in fear of death or bodily harm from some one who has threatened or attempted to do him injury. The court may thereupon order the person complained of to find sureties for the peace, and, in default, may commit him to prison. 4 Bl. Com. 255. See BREACHES OF THE PEACE; JUSTICES OF THE

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