AP United States Government and Politics

## Learning Outcomes

- Understand how impeachment fits into checks and balances and separation of powers
- Identify the constitutional basis for impeachment and removal
- Explain the difference between **impeachment**, **conviction**, and **removal from office**
- Recall the distinct roles of the **House of Representatives**, **Senate**, and **Chief Justice**
- Apply impeachment rules to presidents, vice presidents, judges, and other civil officers
- Use impeachment accurately in AP Gov multiple-choice and free-response answers

## AP United States Government and Politics Syllabus

For the AP United States Government and Politics, you are expected to understand impeachment and removal as a constitutional check, with a focus on the following syllabus points:

- Know that **Article I, Section 2, Clause 5** gives the House of Representatives the **sole power of impeachment**
- Identify that **Article I, Section 3, Clauses 6-7** give the Senate the **sole power to try impeachments** and require a **two-thirds vote of senators present** for conviction
- Know that **Article II, Section 4** lists the grounds for removal: **treason, bribery, or other high Crimes and Misdemeanors**
- Explain the difference between **impeachment by the House** and **removal after Senate conviction**
- Understand why the **Chief Justice of the United States presides only when the president is tried**
- Recognise impeachment as a legislative check on executive and judicial officers
- Understand that the Senate may impose **removal** and possible **disqualification from future federal office**
- Know that **Nixon v. United States (1993)** held that Senate impeachment-trial procedures are generally a **nonjusticiable political question**

## Test Your Knowledge

_Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, look more closely at that area during your revision._

1. What is the difference between impeachment and removal from office?
2. Which chamber of Congress impeaches, and which chamber conducts the trial?
3. What vote is needed in the Senate to convict an impeached official?
4. Why does the Chief Justice preside during a presidential impeachment trial?
5. How does impeachment show checks and balances in action?

## Introduction

Impeachment and removal are among the clearest examples of **checks and balances** in the U.S. Constitution. The framers wanted a government strong enough to act, but not so strong that any branch could abuse power without consequences. Impeachment is one of the main tools the legislative branch can use to hold executive and judicial officers accountable.

This topic matters on AP Gov because it connects several core ideas at once: **constitutionalism**, **limited government**, **separation of powers**, and **rule of law**. Students often lose marks here because they confuse accusation with removal, or they remember the House and Senate roles incorrectly. The exam rewards precise constitutional language.

> **Key Term: impeachment**
> The formal accusation by the House of Representatives that a federal official has committed conduct that may justify removal from office.

### The constitutional design of impeachment and removal

The Constitution divides the impeachment process between two chambers of Congress on purpose. The House has the power to accuse, but not to remove. The Senate has the power to try and convict, but it cannot start the process on its own. This division prevents either chamber from acting alone.

The main constitutional provisions are essential to know exactly:

- **Article I, Section 2, Clause 5**: the House has the **sole power of impeachment**
- **Article I, Section 3, Clause 6**: the Senate has the **sole power to try all impeachments**
- **Article I, Section 3, Clause 7**: punishment is limited to **removal from office** and possible **disqualification from future federal office**
- **Article II, Section 4**: the President, Vice President, and all civil officers may be removed on impeachment and conviction for **treason, bribery, or other high Crimes and Misdemeanors**

That structure reflects Madison’s logic in **Federalist No. 51**: power should check power. Congress cannot routinely direct the president day to day, but it can act if a president or other civil officer seriously abuses office.

> **Key Term: checks and balances**
> A constitutional system in which each branch of government has powers that limit the actions of the other branches.

A common student mistake is saying “the president was impeached and removed” as though both happen together. They do not. Impeachment is the charge. Removal happens only if the Senate convicts.

> **Key Term: removal from office**
> The loss of a federal office after conviction in a Senate impeachment trial.

The process also shows why the House and Senate are different institutions. The House is smaller-term and closer to public opinion, so it brings charges by a simple majority. The Senate, with longer terms and a higher conviction threshold, acts as a restraining body.

> **Test Tip:** On multiple-choice questions, watch for the word **sole**. The House has the sole power of impeachment; the Senate has the sole power to try impeachments. The exam often uses these exact constitutional distinctions.

### Impeachment is not the same as conviction or criminal guilt

Students need to separate three ideas that sound related but are legally different:

- **Impeachment** = House accusation
- **Conviction** = Senate finding the official guilty in the impeachment trial
- **Criminal guilt** = guilt in a regular court case under criminal law

The Constitution limits impeachment judgments to removal and possible disqualification. That means impeachment is not a criminal punishment like prison or a fine. An official who is impeached and convicted may still be prosecuted later in ordinary courts.

This distinction matters because impeachment deals with public office, not just criminal law. A president or judge might commit conduct that Congress sees as a serious abuse of public trust even if the conduct does not fit a standard criminal case neatly.

> **Key Term: high Crimes and Misdemeanors**
> Serious misconduct in office, including abuses of power or violations of public trust; the Constitution does not define the phrase precisely.

That last point is crucial. The phrase **high Crimes and Misdemeanors** does not simply mean ordinary crimes. The framers left it broad. For AP purposes, think of it as serious misconduct connected to office. Alexander Hamilton in **Federalist No. 65** described impeachable offenses as misconduct by public officials arising from the abuse or violation of public trust.

This explains why impeachment is both legal and political. It is legal because it is created by the Constitution and follows constitutional procedures. It is political because elected officials in Congress decide whether conduct meets the standard.

A simple way to think about it:

> House majority to impeach  
> Senate trial to decide guilt  
> Two-thirds of senators present to convict  
> Conviction leads to removal

The Senate may also decide to bar the convicted person from future federal office, but disqualification is distinct from removal. Removal ends the current officeholding. Disqualification blocks future service.

> **Key Term: conviction**
> A Senate decision, by a two-thirds vote of senators present, that an impeached official is guilty in an impeachment trial.

Students often make two avoidable errors here:

1. Saying the House needs two-thirds to impeach
2. Saying impeachment automatically means a president leaves office

Both are wrong. The House impeaches by a simple majority. The Senate convicts by a two-thirds vote of senators present.

### Who can be impeached and why the Chief Justice sometimes presides

The Constitution says the **President, Vice President, and all civil officers of the United States** may be impeached and removed. For AP Gov, that means impeachment applies to executive and judicial officials, including federal judges. It does not usually apply to members of Congress, who are disciplined by their own chamber through censure or expulsion.

This is a useful distinction because AP questions may ask who is subject to impeachment. Federal judges are a strong example because life tenure gives them independence, and impeachment is the main removal mechanism for serious misconduct.

The Senate tries all impeachments, but one special rule applies when the president is the defendant: the **Chief Justice of the United States presides**.

> **Key Term: Chief Justice presides**
> In a presidential impeachment trial, the Chief Justice of the United States, not the vice president, presides over the Senate trial.

Why only then? Because normally the vice president is president of the Senate. But if the Senate were trying a president, the vice president would have a direct conflict of interest because a convicted president would be removed and the vice president could become president. Having the Chief Justice preside adds legitimacy and reduces that conflict.

This is an excellent AP explanation because it links structure to purpose. The Constitution’s design is not random. It tries to reduce self-interest and preserve fairness.

Historical examples help clarify the process:

- **Andrew Johnson (1868)**: impeached by the House, acquitted in the Senate by one vote short of conviction
- **Bill Clinton (1998)**: impeached by the House, acquitted by the Senate
- **Donald Trump (2019 and 2021)**: impeached twice by the House, acquitted by the Senate both times
- **Richard Nixon (1974)**: resigned before the full House voted on impeachment

These examples show a recurring exam lesson: impeachment does not equal removal. No U.S. president has been removed from office through impeachment.

> **Test Tip:** If an AP question mentions Richard Nixon, do not say he was impeached. The House Judiciary Committee approved articles of impeachment, but Nixon resigned before the full House impeached him.

### Why impeachment is a check, but not an unlimited one

Impeachment is a powerful check, but it is deliberately hard to finish. The House may act by majority vote, but conviction requires a supermajority in the Senate. That high threshold protects stability and prevents easy removal by a temporary partisan majority.

This design creates both strengths and limits.

Strengths:

- Congress can investigate misconduct
- The House can formally accuse
- The Senate can remove an official for serious abuse
- The possibility of impeachment can deter misconduct

Limits:

- Conviction is difficult because it requires two-thirds of senators present
- Partisanship can shape how members define “high Crimes and Misdemeanors”
- Congress may hesitate to use impeachment unless misconduct is extreme or politically undeniable

Students should be able to evaluate both sides. Impeachment is the “ultimate check” in the sense that Congress can remove an official from power. But because the threshold is so high, it is not a routine method of control.

This is exactly the kind of analysis AP Gov rewards. Do not just define impeachment. Explain how the process balances accountability with stability.

Another important limit comes from the judiciary itself. In **Nixon v. United States (1993)**, the Supreme Court held that challenges to Senate impeachment-trial procedures are generally not justiciable.

> **Key Term: political question doctrine**
> The principle that some constitutional disputes are committed to the political branches and are not appropriate for judicial resolution.

This case involved **Walter Nixon**, a federal judge, not President Richard Nixon. The Court reasoned that because the Constitution gives the Senate the **sole power to try impeachments**, courts should not second-guess how the Senate carries out that role. That strengthens separation of powers by keeping impeachment primarily in Congress.

This is a subtle but important AP point. Courts interpret many constitutional disputes, but not all. When the Constitution clearly commits a power to another branch, the Court may step back.

So impeachment reflects checks and balances in two ways at once:

- Congress checks the executive and judiciary through impeachment
- The judiciary usually does not control Senate trial procedures because the Constitution commits that task to the Senate

That means impeachment also shows the limits of judicial review.

### How to write about impeachment in AP Gov responses

In a short-answer or argument response, strong answers are precise and efficient. Start with constitutional structure, then explain the process, then connect it to checks and balances.

A high-quality explanation would usually include:

- House has sole power of impeachment
- Senate has sole power to try impeachments
- Senate conviction requires two-thirds of senators present
- President, vice president, and civil officers may be removed for treason, bribery, or other high Crimes and Misdemeanors
- Chief Justice presides only in presidential impeachment trials
- Impeachment is a legislative check on executive and judicial officers

If the question asks for evaluation, use both sides:

- On one hand, impeachment protects limited government by allowing Congress to hold officials accountable
- On the other hand, conviction is difficult and partisan conflict may prevent removal even after impeachment
- Therefore, impeachment is a strong constitutional remedy, but one designed for serious cases rather than regular political disagreement

A weak answer usually does one of the following:

- Confuses impeachment with removal
- Mixes up House and Senate roles
- Gives the wrong vote threshold
- Says Article III creates impeachment power
- Misuses Nixon v. United States as a case about Richard Nixon

Be exact with constitutional clauses and institutional roles. AP Gov rewards precision.

## Key Point Checklist

_This article has covered the following key knowledge points:_

- Impeachment is the formal accusation made by the House of Representatives
- Removal from office happens only after Senate conviction
- The House has the **sole power of impeachment** under **Article I, Section 2, Clause 5**
- The Senate has the **sole power to try impeachments** under **Article I, Section 3, Clause 6**
- Senate conviction requires a **two-thirds vote of senators present**
- **Article II, Section 4** lists the grounds for removal: treason, bribery, or other **high Crimes and Misdemeanors**
- The **Chief Justice** presides only when the president is tried in the Senate
- Impeachment judgments are limited to **removal** and possible **disqualification from future federal office**
- Presidents, vice presidents, and other **civil officers** can be impeached; members of Congress are generally removed by expulsion, not impeachment
- No U.S. president has been removed through impeachment
- **Nixon v. United States (1993)** held that Senate impeachment-trial procedures are generally a **political question**
- Impeachment is a key example of **checks and balances** and **limited government**

## Key Terms and Concepts

- impeachment
- checks and balances
- removal from office
- high Crimes and Misdemeanors
- conviction
- Chief Justice presides
- political question doctrine


Principles of American Government - Impeachment and removal checks