Civics & Government · 9th Grade · The Executive Branch and Bureaucracy · Weeks 10-18

Impeachment and Removal

Tracing the constitutional process for holding high-level executive officials accountable for 'high crimes and misdemeanors.'

• Common Core State Standards
• C3: D2.Civ.4.9-12
• C3: D2.His.3.9-12

About This Topic

The Constitution gives the House of Representatives the sole power to impeach federal officers and the Senate the sole power to try impeachments. Impeachment is a formal charge -- equivalent to an indictment -- not a removal. Removal requires a two-thirds Senate vote following a trial. The grounds specified in the Constitution are "treason, bribery, or other high crimes and misdemeanors," a phrase that has been contested in every impeachment proceeding since the founding because it has no fixed legal definition.

Four presidents have faced impeachment proceedings: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and 2021. None was removed by the Senate, though Trump was impeached twice. Richard Nixon resigned in 1974 before a full House vote was held, making his case the most consequential even without a formal impeachment. Each case has generated lasting debate about what constitutes an impeachable offense and whether impeachment is fundamentally a legal process, a political one, or both.

For 9th grade students, this topic offers one of the clearest windows into constitutional interpretation in action. Active learning approaches -- particularly structured debate and case study analysis -- are well-suited because the interpretive questions are genuinely open and students can build real arguments from the constitutional text and historical record.

Key Questions

1. Analyze what constitutes an 'impeachable offense'.
2. Differentiate whether impeachment is a legal process or a political one.
3. Explain how the threat of impeachment influences presidential behavior.

Learning Objectives

• Analyze the constitutional text defining grounds for impeachment to identify specific actions that may qualify as 'treason, bribery, or other high crimes and misdemeanors'.
• Compare and contrast the historical arguments presented during past impeachment proceedings to evaluate whether impeachment is primarily a legal or political process.
• Explain how the constitutional framework for impeachment, including the roles of the House and Senate, serves as a check on executive power.
• Synthesize information from historical impeachment cases to predict how the threat of impeachment might influence future presidential decision-making.

Before You Start

The Three Branches of the U.S. Government

Why: Students need to understand the basic structure and powers of the legislative, executive, and judicial branches to grasp the checks and balances involved in impeachment.

Constitutional Powers and Limitations

Why: Understanding that the Constitution grants specific powers and also imposes limitations on government officials is foundational for comprehending the concept of impeachable offenses.

Key Vocabulary

Impeachment	The process by which a legislative body brings charges against a government official, similar to an indictment in a criminal case.
Removal from Office	The consequence of a successful impeachment trial in the Senate, resulting in the official being disqualified from holding future federal office.
High Crimes and Misdemeanors	The constitutional standard for impeachment, interpreted broadly and debated historically as encompassing serious abuses of power or violations of public trust.
Trial	The process conducted by the Senate after impeachment by the House, where evidence is presented and a vote is taken on whether to remove the official from office.

Watch Out for These Misconceptions

Common Misconception

Impeachment means the president is removed from office.

What to Teach Instead

Impeachment is a formal charge voted by the House -- equivalent to an indictment in criminal law. Removal requires a separate two-thirds Senate vote following a trial. A president can be impeached and continue in office, as Johnson, Clinton, and Trump all did. This is among the most commonly confused distinctions in American civics, and clearing it up is essential before any deeper analysis.

Common Misconception

"High crimes and misdemeanors" refers only to criminal law violations.

What to Teach Instead

The phrase comes from English parliamentary practice and refers to serious abuses of public trust, not necessarily violations of the criminal code. A president could commit an impeachable act that is not a crime, and commit a crime that may not be impeachable in Congress's judgment. The phrase deliberately gives Congress interpretive flexibility -- which is why each impeachment becomes a constitutional argument rather than a straightforward legal test.

Common Misconception

Impeachment decisions are purely partisan and therefore meaningless.

What to Teach Instead

While party affiliation predicts impeachment votes, the process retains significance. The threat of impeachment shapes presidential behavior even when the outcome seems predictable. Proceedings generate a public evidentiary record. In Nixon's case, the near-certainty of impeachment and conviction produced a presidential resignation -- the most consequential outcome in the history of the process, achieved without a final vote.

Active Learning Ideas

Case Study Comparison: Four Impeachments

Small groups each analyze one presidential impeachment or near-impeachment (Johnson, Nixon, Clinton, Trump 2019 or 2021). Each group maps the charges, the constitutional argument for and against impeachability, the Senate outcome, and the political context. Groups report out and the class builds a comparison matrix to identify patterns across cases.

50 min·Small Groups

Formal Debate: Legal Process or Political One?

Students argue the claim: "Impeachment is primarily a political tool, not a legal one." Half argue that this is true and appropriate because it keeps accountability democratic; the other half argues it is true and dangerous because it makes impeachment a partisan weapon. After the formal exchange, students write individual position papers that account for the strongest counterarguments.

40 min·Whole Class

Document Analysis: High Crimes and Misdemeanors

Students read three brief primary sources: the relevant Constitutional Convention notes, an excerpt from Hamilton's Federalist No. 65, and a summary of the standard as applied in two real impeachment cases. In pairs, students develop their own working definition of the phrase and compare definitions across the class, noting where interpretations diverge.

30 min·Pairs

Mock Impeachment Hearing

Students conduct a condensed mock hearing. Half play House Judiciary Committee members; half play witnesses (White House counsel, independent scholars, historical advisors). The "committee" questions witnesses about a constructed scenario, then votes on articles of impeachment with written constitutional justification for each vote.

50 min·Whole Class

Real-World Connections

• Lawyers specializing in constitutional law and government ethics may advise members of Congress or the White House on impeachment procedures and potential grounds for action.
• Historians and political scientists analyze past impeachment proceedings, such as those involving Presidents Johnson, Clinton, and Trump, to understand their impact on American governance and presidential power.
• Journalists covering national politics report on impeachment inquiries, explaining the constitutional process and its implications to the public, as seen in coverage of recent presidential impeachments.

Assessment Ideas

Discussion Prompt

Pose the question: 'Is impeachment a legal process or a political one?' Ask students to support their initial stance with one piece of evidence from the Constitution or a historical impeachment case, then listen to classmates' arguments before revising their position.

Quick Check

Present students with three hypothetical scenarios involving a president's actions. Ask them to write a brief paragraph for each scenario explaining whether the action might constitute 'treason, bribery, or other high crimes and misdemeanors,' justifying their conclusion based on the constitutional definition.

Exit Ticket

Students write two sentences: one explaining the distinct roles of the House of Representatives and the Senate in the impeachment process, and one sentence describing a potential consequence of impeachment beyond removal from office.

Frequently Asked Questions

What is the difference between impeachment and removal from office?

Impeachment is the formal charge voted by a simple House majority -- it initiates the process but does not end the president's tenure. Removal requires a two-thirds Senate vote following a trial presided over by the Chief Justice. No president has ever been removed through the impeachment process. Nixon resigned before the full House voted; Johnson, Clinton, and Trump were each impeached but acquitted by the Senate.

What counts as an impeachable offense?

The Constitution specifies "treason, bribery, or other high crimes and misdemeanors." The last phrase is deliberately broad, derived from English parliamentary practice where it referred to serious abuses of power or public trust rather than specific criminal acts. Each impeachment proceeding generates fresh arguments over where the line falls -- making this one of the most contested questions in American constitutional interpretation.

How many presidents have been impeached by the House?

Three presidents were impeached by the House: Andrew Johnson (1868), Bill Clinton (1998), and Donald Trump (twice, in 2019 and 2021). None was convicted by the Senate and removed. Richard Nixon was the subject of House Judiciary Committee proceedings but resigned before the full House voted -- making his case the most consequential in the history of impeachment.

How does active learning help students understand the impeachment process?

Impeachment involves contested constitutional interpretation where reasonable people disagree -- making it ideal for structured debate and case study work. When students role-play committee members, analyze the actual constitutional text, and compare historical cases, they develop the skill of building an argument from evidence rather than relying on simplified summaries of what impeachment means or who was right.