    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [The United States Constitution]
    [Pages 69-83]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                   ARTICLE II.

    Sec. 149. Terms of the President and Vice
    President.

      Section 1. \1\ The  executive Power shall be vested in a President of the
    United States of America. He shall hold his Office during the Term of
    four years, and together with the Vice President, chosen for the same
    Term, be elected, as follows:

    [[Page 70]]

    ning of the second terms of President Reagan and President Obama, with
    the oath being given at the White House on Sunday (1985 and 2013),
    followed by a public ceremony on Monday in the Rotunda (1985) or the
    West Front of the Capitol (2013). The 22d amendment provides that no
    person shall be elected President more than twice.

    Sec. 150. Commencement of President's term of
    office.

      George  Washington took the oath of office as the first President on
    April 30, 1789 (III, 1986). The two Houses of the First Congress found,
    after examination by a joint committee, that by provisions made in the
    Federal Constitution and by the Continental Congress, the term of the
    President had, notwithstanding, begun on March 4, 1789 (I, 3). The 20th
    amendment, declared to have been ratified on February 6, 1933, provides
    that Presidential terms shall end and successor terms shall begin at
    noon on January 20. Thus, Franklin D. Roosevelt's first term began on
    March 4, 1933, but ended at noon on January 20, 1937. Formerly, when
    March 4 fell on Sunday, the public inauguration of the President
    occurred at noon on March 5 (III, 1996; VI, 449). Following ratification
    of the 20th amendment, the first time inauguration day fell on Sunday
    was January 20, 1957, and President Eisenhower took the oath for his
    second term in a private ceremony at the White House on that day
    followed by a public inauguration ceremony on the steps of the East
    Front of the Capitol on Monday, January 21, 1957. A similar scenario was
    followed at the begin

    Sec. 151. Electors of President and Vice President
    and their qualifications.

      \2\ Each  State shall appoint, in such Manner as the
    Legislature thereof may direct, a Number of Electors, equal to the whole
    Number of Senators and Representatives to which the State may be
    entitled in the Congress; but no Senator or Representative, or Person
    holding an Office of Trust or Profit under the United States, shall be
    appointed an Elector.

    Sec. 152. Questions as to qualifications of
    electors.

      Questions  of the qualifications of electors have arisen, and in one
    instance certain ones were found disqualified, but because their number
    was not sufficient to affect the result and there was doubt as to what
    tribunal should pass on the question the votes were counted (III, 1941).
    In other cases there were objections, but the votes were counted (III,
    1972-1974, 1979). In one instance an elector found to be disqualified
    resigned both offices, whereupon he was made eligible to fill the
    vacancy thus caused among electors (III, 1975).

    [[Page 71]]

    Person having the greatest Number of Votes shall be the President, if
    such Number be a majority of the whole Number of Electors appointed: and
    if there be more than one who have such Majority, and have an equal
    Number of Votes, then the House of Representatives shall immediately
    chuse by Ballot one of them for President; and if no Person have a
    Majority, then from the five highest on the List the said House shall in
    like manner chuse the President. But in chusing the President, the Votes
    shall be taken by States, the Representation from each State having one
    Vote; A quorum for this purpose shall consist of a Member or Members
    from two thirds of the States, and a Majority of all the States shall be
    necessary to a Choice. In every Case, after the Choice of the President,
    the Person having the greatest Number of Votes of the Electors shall be
    the Vice President. But if there should remain two or more who have
    equal Votes, the Senate shall chuse from them by Ballot the Vice-
    President.]

    Sec. 152a. Original provision for failure of
    electoral college to choose.

      \3\ [The  Electors shall meet in their respective
    States and vote by Ballot for two Persons, of whom one at least shall
    not be an Inhabitant of the same State with themselves. And they shall
    make a List of all the Persons voted for, and of the Number of Votes for
    each; which List they shall sign and certify, and transmit sealed to the
    Seat of Government of the United States, directed to the President of
    the Senate. The President of the Senate shall, in the presence of the
    Senate and House of Representatives, open all the Certificates, and the
    Votes shall then be counted. The

      This third clause of article II, section 1 was superseded by the 12th
    amendment (see Sec. Sec. 219-223, infra).

    Sec. 153. Time of choosing electors and time at which their
    votes are given.

        \4\ The Congress may determine the Time of chusing
    the Electors, and the Day on which they shall give their Votes; which
    Day shall be the same throughout the United States.

    [[Page 72]]

    the laws of the State enacted prior to election day'' (III, 1914; VI,
    438; 3 U.S.C. 1, 7, 21). The statute also provides for transmitting to
    the President of the Senate certificates of the appointment of the
    electors and of their votes (III, 1915-1917; VI, 439; 3 U.S.C. 11).

      The time for choosing electors has been fixed on ``election day'',
    which is ``the Tuesday next after the first Monday in November, in every
    fourth year . . . .''; and the electors in each State ``meet and give in
    their votes on the first Tuesday after the second Wednesday in December
    next following their appointment, at such place in each State in
    accordance with

    Sec. 154. Qualifications of President of the United
    States.

      \5\ No  Person except a natural born Citizen, or a Citizen of the
    United States, at the time of the Adoption of this Constitution, shall
    be eligible to the Office of President; neither shall any Person be
    eligible to that Office who shall not have attained to the Age of thirty
    five Years, and been fourteen Years a Resident within the United States.

    Sec. 155. Succession in case of removal, death,
    resignation, or disability of President and Vice President.

      \6\ In  Case of
    the Removal of the President from Office, or of his Death, Resignation,
    or Inability to discharge the Powers and Duties of the said Office, the
    Same shall devolve on the Vice President, and the Congress may by Law
    provide for the Case of Removal, Death, Resignation or Inability, both
    of the President and Vice President, declaring what Officer shall then
    act as President, and such Officer shall act accordingly, until the
    Disability be removed, or a President shall be elected.

    [[Page 73]]

    Sec. 156. Resignation of the President.

      The  25th amendment
    provides for filling a vacancy in the Office of the Vice President and,
    when the President is unable to perform the duties of his office, for
    the Vice President to assume those powers and duties as Acting
    President. During the 93d Congress, President Richard M. Nixon resigned
    from office on August 9, 1974, by delivering a signed resignation to the
    Office of the Secretary of State, pursuant to 3 U.S.C. 20. Pursuant to
    the 25th amendment, Vice President Gerald R. Ford became President and
    the House and Senate confirmed his nominee, Nelson A. Rockefeller, to
    become Vice President (December 19, 1974, p. 41516).

      Congress also has provided for the performance of the duties of the
    President in case of removal, death, resignation or inability, both of
    the President and Vice President (3 U.S.C. 19).

    Sec. 157. Compensation of President.

      \7\ The  President
    shall, at stated Times, receive for his Services, a Compensation, which
    shall neither be encreased nor diminished during the Period for which he
    shall have been elected, and he shall not receive within that Period any
    other Emolument from the United States, or any of them.

      The compensation of the President is established by law (3 U.S.C.
    102). In addition, the law provides an expense allowance (3 U.S.C. 102)
    and a travel allowance (3 U.S.C. 103).

    Sec. 158. Oath of the President.

      \8\ Before  he enter on the
    Execution of his Office, he shall take the following Oath or
    Affirmation:--``I do solemnly swear (or affirm) that I will faithfully
    execute the Office of President of the United States, and will to the
    best of my Ability, preserve, protect and defend the Constitution of the
    United States.''

    [[Page 74]]

    the first time held in the Rotunda of the Capitol, rather than on the
    West Front, as scheduled, on January 21, 1985. The ceremony was held in
    the Rotunda of the Capitol for a second time due to extreme cold during
    Donald J. Trump's second inauguration on January 20, 2025. Permission
    for such use is authorized by concurrent resolution (Oct. 9, 1984, p.
    30926; Jan. 3, 2025, p. _).

    Sec. 159. Inauguration of the President.

      The  taking of this
    oath, which is termed the inauguration, is made the occasion of certain
    ceremonies that are arranged for by a joint committee of the two Houses
    (III, 1998, 1999; VI, 451). For many years the oath was normally taken
    at the east portico of the Capitol, although in earlier years it was
    taken in the Senate Chamber or Hall of the House (III, 1986-1995). On
    March 4, 1909, owing to inclement weather, the President-elect took the
    oath and delivered his inaugural address in the Senate Chamber (VI,
    447). And when Vice President Fillmore succeeded to the vacancy in the
    Office of President, Congress being in session, he took the oath in the
    Hall of the House in the presence of the Senate and House (III, 1997).
    In 1945 Franklin D. Roosevelt, who had been elected for his fourth term
    as President, took the oath of office on the south portico at the White
    House. On August 9, 1974, Gerald R. Ford, who as Vice President
    succeeded to the Presidency following the resignation of President Nixon
    on that day, was sworn in in the East Room of the White House. The West
    Front of the Capitol was first used for the inaugural ceremony for
    Ronald W. Reagan, Jan. 20, 1981. Because of extreme cold, the public
    administration of the oath was for

    Sec. 160. The President the Commander in
    Chief.

      Section 2. \1\ The  President shall be Commander in Chief of the Army and Navy of
    the United States, and of the Militia of the several States, when called
    into the actual Service of the United States; he may require
    the <> Opinion,
    in writing, of the principal Officer in each of the executive
    Departments, upon any Subject relating to the Duties of their
    respective <> Offices, and he shall have Power to grant Reprieves and
    Pardons for Offences against the United States, except in Cases of
    Impeachment.

    Sec. 163. War powers of Congress and the President.

      The   93d
    Congress passed over the President's veto Public Law 93-148, relating to
    the power of Congress to declare war under article I, section 8, clause
    11 (Sec. 127, supra) and the power of the President as Commander in
    Chief under this clause. For further discussion of the reports to
    Congress required and the procedure for congressional action provided
    under Public Law 93-148, see Sec. 128, supra.

    Sec. 164. Pardon of former President.

      In  1974, President
    Ford exercised his power under the last phrase of this clause by
    pardoning former President Nixon for any crimes he might have committed
    during a certain period in office (Proclamation 4311, September 8,
    1974). President Nixon had resigned on August 9, 1974, following the
    decision of the Committee on the Judiciary to report to the House a
    recommendation of impeachment (H. Rept. 93-1305, Aug. 20, 1974, p.
    29219).

    [[Page 75]]

    Senate, shall appoint Ambassadors, <> other public Ministers and Consuls, Judges of the
    Supreme Court, and all other Officers of the United States, whose
    Appointments are not herein otherwise provided for, and which shall be
    established by Law; but the Congress may by Law vest the Appointment of
    such inferior Officers, as they think proper, in the President alone, in
    the Courts of Law, or in the Heads of Departments.

    Sec. 165. President makes treaties.

      \2\ He  shall have Power,
    by and with the Advice and Consent of the Senate, to make Treaties,
    provided two thirds of the Senators present concur; and he shall
    nominate, and by and with the Advice and Consent of the

      The power of the President to appoint diplomatic representatives to
    foreign governments and to determine their rank is derived from the
    Constitution and may not be circumscribed by statutory enactments (VII,
    1248). In Buckley v. Valeo, 424 U.S. 1 (1976), the Supreme Court held
    that any appointee exercising significant authority (not merely internal
    delegable authorities within the legislative branch) pursuant to the
    laws of the United States is an Officer of the United States and must
    therefore be appointed pursuant to this clause, and that Congress cannot
    by law vest such appointment authority in its own officers or require
    that Presidential appointments be subject to confirmation by both
    Houses. For a discussion of the role of the House with respect to
    treaties affecting revenue, see Sec. 597, infra.

    Sec. 167. President's power to fill vacancies during
    recess of the Senate.

      \3\ The  President shall have Power to fill up all
    Vacancies that may happen during the Recess of the Senate, by granting
    Commissions which shall expire at the End of their next Session.

    Sec. 167a. Decision of the Court.

      Decision  of the Supreme
    Court of the United States: National Labor Relations Bd. v. Noel
    Canning, 573 U.S. 513 (2014).

    [[Page 76]]

    Sec. 168. Messages from the President.

      Section 3.  He shall
    from time to time give to the Congress Information of the State of the
    Union, and recommend to their Consideration such Measures as he shall
    judge necessary and expedient; * * *

      In the early years of the Government the President made a speech to
    Congress on its assembling (V, 6629), but in 1801 President Jefferson
    discontinued this practice and transmitted a message in writing. This
    protocol was followed until April 8, 1913, when the custom of addressing
    Congress in person was resumed by President Wilson and, with the
    exception of President Hoover (VIII, 3333) has been followed generally
    by subsequent Presidents. A message in writing is usually communicated
    to both Houses on the same day, but an accompanying document can be sent
    to but one House (V, 6616, 6617). The President's State of the Union
    message is referred on motion to the Union Calendar and ordered printed
    (e.g., Jan. 15, 1975, p. 177). This motion may also refer a separate
    hand-delivered written message from the President (e.g., Jan. 19, 1978,
    p. 152). In response to a series of inquiries regarding the potential
    destruction of such written message, the Chair affirmed that such
    message is part of the proceedings of the House and is used by the House
    for archival and printing purposes (Feb. 5, 2020, p. _). A resolution
    disapproving of the Speaker's conduct relating to the handling of such
    message constitutes a question of the privileges of the House (Feb. 6,
    2020, p. _). In early years confidential messages were often sent and
    considered in secret session of the House (V, 7251, 7252).

    Sec. 169. Messages required by law.

      By  law (31 U.S.C. 1105),
    the President is required to transmit the budget to Congress on or after
    the first Monday in January but not later than the first Monday in
    February each year. In addition, the President is required to submit a
    supplemental budget summary by July 16 each year (31 U.S.C. 1106).
    Submission of the Economic Report of the President is required within 10
    days after the submission of the budget (15 U.S.C. 1022). The
    Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 601)
    requires the transmittal to Congress by the President of amendments and
    revisions related to the budget on or before April 10 and July 15 of
    each year. In addition, the Act provides for the transmittal of messages
    proposing rescissions and deferrals of budget authority (2 U.S.C. 683,
    684).

      When the President has expressed desire to address Congress in person
    a concurrent resolution is adopted by both Houses arranging for a joint
    session to receive the message. The Speaker presides and the President
    of the Senate (the Vice President) sits to the right of the Speaker, but
    in the absence of the Vice President, the President pro tempore sits to
    the left of the Speaker (Nov. 27, 1963, p. 22838).

    Sec. 170. Reception of messages from the
    President.

      The  ceremony of receiving a message in writing is simple (V,
    6591), and may occur during consideration of a question of privilege (V,
    6640-6642) or before the organization of the House (V, 6647-6649) and in
    the absence of a quorum (V, 6650; VIII, 3339; clause 7 of rule XX).

    [[Page 77]]

    a message of the President is always read, the latest rulings have not
    permitted the reading of the accompanying documents to be demanded as a
    matter of right (V, 5267-5271; VII, 1108). A concurrent resolution
    providing for a joint session to receive the President's message was
    held to be of the highest privilege (VIII, 3335).

    * * * <> he may, on extraordinary Occasions, convene both
    Houses, or either of them, and in Case of Disagreement between them,
    with Respect to the Time of Adjournment, he may adjourn them to such
    Time as he shall think proper; * * *

      But, with the exception of vetoes, messages are regularly laid before
    the House only at the time prescribed by the rule for the order of
    business (V, 6635-6638) within the discretion of the Speaker (VIII,
    3341). Although

    * * * <> he shall receive Ambassadors and other
    public Ministers; he shall take Care That the Laws be faithfully
    executed, and shall Commission all the officers of the United States.

      In certain exigencies the President may convene Congress at a place
    other than the seat of government (I, 2; 2 U.S.C. 27). Congress has on
    occasion been convened by the President (I, 10, 11; Nov. 17, 1947, p.
    10578; July 26, 1948, p. 9362), and in one instance, when Congress had
    provided by law for meeting, the President called it together on an
    earlier day (I, 12). The Congress having adjourned on July 27, 1947, p.
    10521, and on June 20, 1948, p. 9350, to a day certain, the President
    called it together on an earlier date than that to which it adjourned
    (Nov. 17, 1947, p. 10577; July 26, 1948, p. 9362). There has been some
    discussion as to whether or not there is a distinction between a session
    called by the President and other sessions of Congress (I, 12,
    footnote).

    [[Page 78]]

    Sec. 173. Impeachment of civil officers.

      Section 4.  The
    President, Vice President, and all civil Officers of the United States,
    shall be removed from Office on Impeachment for, and Conviction of,
    Treason, Bribery, or other high Crimes and Misdemeanors.

    Sec. 174. As to the officers who may be impeached.

      In  the
    Blount trial the managers contended that all citizens of the United
    States were liable to impeachment, but this contention was not admitted
    (III, 2315), and in the Belknap trial both managers and counsel for
    respondent agreed that a private citizen, apart from offense in an
    office, might not be impeached (III, 2007). But resignation of the
    office does not prevent impeachment for crime or misdemeanor therein
    (III, 2007, 2317, 2444, 2445, 2459, 2509). In Blount's case it was
    decided that a Senator was not a civil officer within the meaning of the
    impeachment provisions of the Constitution (III, 2310, 2316). Questions
    have also arisen as to whether or not the Congressional Printer (III,
    1785), or a vice consul-general (III, 2515), might be impeached.
    Proceedings for the impeachment of territorial judges have been taken in
    several instances (III, 2486, 2487, 2488), although various opinions
    have been given that such an officer is not impeachable (III, 2022,
    2486, 2493). A committee of the House by majority vote held a
    Commissioner of the District of Columbia not to be a civil officer
    subject to impeachment under the Constitution (VI, 548). An independent
    counsel appointed under 28 U.S.C. 593 (a statute currently ineffective
    under 28 U.S.C. 599) may be impeached under 28 U.S.C. 596(a), and a
    resolution impeaching such an independent counsel constitutes a question
    of the privileges of the House under rule IX (Sept. 23, 1998, p. 21560).
    A resolution impeaching the United States Ambassador to the United
    Nations (July 13, 1978, p. 20606), the Commissioner of the Internal
    Revenue Service (Dec. 6, 2016, p. 15982), or the Secretary of Homeland
    Security (Nov. 13, 2023, p. _) constitutes a question of the privileges
    of the House under rule IX. In the 118th Congress, Secretary of Homeland
    Security Alejandro Nicholas Mayorkas was impeached (H. Res. 863, Feb.
    13, 2024, p. _).

    [[Page 79]]

    to hold and exercise the office, whether moral, intellectual, or
    physical (III, 2015), the House has impeached judges for improper
    personal habits (III, 2328, 2505), and in the impeachment of President
    Johnson one of the articles charged him with ``intemperate,
    inflammatory, and scandalous harangues'' in public addresses, tending to
    harm the Government (III, 2420). There was no conviction under these
    charges except in the single case of Judge Pickering, who was charged
    with intoxication on the bench (III, 2328-2341). As to the impeachment
    of judges for other delinquencies, there has been much contention as to
    whether they may be impeached for any breach of good behavior (III,
    2011, 2016, 2497), or only for judicial misconduct occurring in the
    actual administration of justice in connection with the court (III,
    2010, 2013, 2017). The intent of the judge (III, 2014, 2382) as related
    to mistakes of the law, and the relations of intent to conviction have
    been discussed at length (III, 2014, 2381, 2382, 2518, 2519). The
    statutes make nonresidence of a judge an impeachable offense, and the
    House has taken steps to impeach for this cause (III, 2476, 2512). There
    has, however, been some question as to the power of Congress to make an
    impeachable offense (III, 2014, 2015, 2021, 2512). Usurpation of power
    has been examined several times as a cause for impeachment (III, 2404,
    2508, 2509, 2516, 2517). There also has been discussion as to whether or
    not there is distinction between a misdemeanor and a high misdemeanor
    (III, 2270, 2367, 2492). Review of impeachments in Congress showing the
    nature of charges upon which impeachments have been brought and
    judgments of the Senate thereon (VI, 466). Reports accompanying
    resolutions to impeach Presidents Clinton and Trump, and the debate in
    the House thereon, as well as debate in the House during the second
    impeachment of President Trump, included discussion of the nature of an
    impeachable offense (H. Rept. 105-830; Dec. 18, 1998, p. 27828; H. Rept.
    116-346, Dec. 15, 2019, p. _; Jan. 13, 2021, p. _). Of the four articles
    of impeachment of President Clinton reported by the Committee on the
    Judiciary ((1) perjury in grand jury, (2) perjury in a civil deposition,
    (3) obstruction of justice, and (4) improper responses to written
    questions from the Committee on the Judiciary), only the first and third
    were adopted by the House (Dec. 19, 1998, p. 28110). In the 118th
    Congress, the Senate sustained points of order against each of two
    articles of impeachment of Secretary of Homeland Security Mayorkas on
    the grounds that they were unconstitutional because they did not allege
    conduct rising to the level of a high crime or misdemeanor (Apr. 17,
    2024, p. _).

    Sec. 175. Nature of impeachable offenses.

      As  to what are
    impeachable offenses there has been much discussion (III, 2008, 2019,
    2020, 2356, 2362, 2379-2381, 2405, 2406, 2410, 2498, 2510; VI, 455;
    Impeachment of Richard M. Nixon, President of the United States,
    Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, p. 29219;
    Associate Justice William O. Douglas, Final Report by the Special
    Subcommittee on H. Res. 920, Committee on the Judiciary, Sept. 17, 1970;
    Impeachment of William Jefferson Clinton, President of the United
    States, H. Rept. 105-830, Dec. 16, 1998; Impeachment of Donald J. Trump,
    President of the United States, H. Rept. 116-346, Dec. 15, 2019). For a
    time the theory that indictable offenses only were impeachable was
    stoutly maintained and as stoutly denied (III, 2356, 2360-2362, 2379-
    2381, 2405, 2406, 2410, 2416); but on the 10th and 11th articles of the
    impeachment of President Andrew Johnson the House concluded to impeach
    for other than indictable offenses (III, 2418), and in the Swayne trial
    the theory was definitely abandoned (III, 2019). Although there has not
    been definite concurrence in the claim of the managers in the trial of
    the President that an impeachable offense is any misbehavior that shows
    disqualification

    [[Page 80]]

    viction by the Senate, former Judge Ritter brought an action for back
    salary, contending that the Senate had tried and convicted him for
    nonimpeachable offenses. The U.S. Court of Claims held that the Senate's
    power to try impeachments was exclusive and not subject to judicial
    review. Ritter v. United States, 84 Ct. Cls. 293 (1936), cert. denied,
    300 U.S. 668 (1937).

    Sec. 176. Other impeachment inquiries.

      The  articles of
    impeachment adopted by the House in 1936 against Judge Ritter charged a
    variety of judicial misconduct, including violations of criminal law.
    The seventh and general article, upon which Judge Ritter was convicted
    by the Senate, charged general misconduct to bring his court into
    scandal and disrepute and to destroy public confidence in his court and
    in the judicial system (Impeachment by the House, Mar. 2, 1936, p. 3091;
    Conviction by the Senate, Apr. 17, 1936, p. 5606). Following his con

      In 1970 a special subcommittee of the Committee on the Judiciary
    considered charges of impeachment against Associate Justice Douglas of
    the Supreme Court. The subcommittee recommended against his impeachment
    but concluded that a Federal judge could be impeached (1) for judicial
    conduct that is a serious dereliction from public duty and (2) for
    nonjudicial conduct that is criminal in nature (Associate Justice
    William O. Douglas, Final Report by the Special Subcommittee on H. Res.
    920, Committee on the Judiciary, September 17, 1970).

      In 1974 the Committee on the Judiciary investigated charges of
    impeachment against President Nixon (Feb. 6, 1974, p. 2349), and
    determined to recommend his impeachment to the House. The President
    having resigned, the committee reported to the House without submitting
    a resolution of impeachment, and the House accepted the report by
    resolution (Aug. 20, 1974, p. 29361). The report of the committee
    included the text of the three articles of impeachment adopted by the
    committee. The committee had concluded that impeachable offenses need
    not be indictable offenses and recommended impeachment of the President:
    (1) for violating his oath of office and his duty under the Constitution
    by preventing, obstructing, and impeding the administration of justice;
    (2) for engaging in a course of conduct violating the constitutional
    rights of citizens, impairing the administration of justice, and
    contravening the laws governing executive agencies; and (3) for failing
    to honor subpoenas issued by the Committee on the Judiciary in the
    course of its impeachment inquiry (Impeachment of Richard M. Nixon,
    President of the United States, Committee on the Judiciary, H. Rept. 93-
    1305, Aug. 20, 1974, printed in full in the Cong. Record, Aug. 22, 1974,
    p. 29219).

    [[Page 81]]

      In 1986, for the first time since 1936, the House agreed to a
    resolution impeaching a Federal district judge. Judge Harry Claiborne
    had been convicted of falsifying Federal income tax returns. His final
    appeal was denied by the Supreme Court in April, and he began serving
    his prison sentence in May. Because he declined to resign, however,
    Judge Claiborne was still receiving his judicial salary and, absent
    impeachment, would resume the bench on his release from prison.
    Consequently, a resolution of impeachment was introduced on June 3, and
    on July 16, the Committee on the Judiciary reported to the House four
    articles of impeachment against Judge Claiborne. On July 22, the
    resolution was called up as a question of privilege and agreed to by a
    recorded vote of 406 yeas, 0 nays. After trial in the Senate, Judge
    Claiborne was convicted on three of the four articles of impeachment and
    removed from office on October 9, 1986.

      In 1988, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Alcee L. Hastings for high
    crimes and misdemeanors specified in 17 articles of impeachment, some of
    them addressing allegations on which the judge had been acquitted in a
    Federal criminal trial (Aug. 3, 1988, p. 20206). No trial in the Senate
    was had before the adjournment of the 100th Congress. In the 101st
    Congress, the House reappointed managers to conduct this impeachment in
    the Senate (Jan. 3, 1989, p. 84); the Senate began its deliberations on
    March 15, 1989 (p. 4219); conviction and removal from office occurred on
    October 20, 1989 (p. 25335). Also in the 101st Congress, the Senate
    convicted Federal district judge Walter L. Nixon on two of the three
    impeachment charges brought against him (Nov. 3, 1989, p. 27101). For
    further discussion of the continuance of impeachment proceedings in a
    succeeding Congress, see Sec. 620, infra.

      In 1998 the House agreed to a privileged resolution reported from the
    Committee on Rules, referring to the Committee on the Judiciary a
    communication from an independent counsel transmitting under 28 U.S.C.
    595(c) evidence of possible impeachable offenses by President Clinton,
    and restricting access to the communication and to meetings and hearings
    thereon (Sept. 11, 1998, p. 20020). Later, the House adopted a
    privileged resolution reported from the Committee on the Judiciary
    authorizing an impeachment inquiry by that committee and investing it
    with special investigative authorities to facilitate the inquiry (Oct.
    8, 1998, p. 24679). The Committee on the Judiciary filed with the House
    a privileged report accompanying a resolution containing four articles
    of impeachment against President Clinton that alleged: (1) the President
    gave perjurious, false, and misleading testimony to a grand jury; (2)
    the President gave perjurious, false, and misleading testimony in a
    Federal civil action; (3) the President prevented, obstructed, and
    impeded the administration of justice relating to a Federal civil
    action; and (4) the President abused his office, impaired the
    administration of justice, and contravened the authority of the
    legislative branch by his response to 81 written questions submitted by
    the Committee on the Judiciary (Dec. 17, 1998, p. 27819). The chair of
    the Committee on the Judiciary called up the resolution on December 18,
    1998 (p. 27828).

    [[Page 82]]

      In 2008, the House agreed to an unreported resolution authorizing an
    impeachment inquiry of Federal district Judge G. Thomas Porteous by the
    Committee on the Judiciary and investing it with special investigative
    authorities to facilitate the inquiry (Sept. 17, 2008, p. 19517), which
    was continued in the next Congress (Precedents (Wickham), ch. 1,
    Sec. 8.1). In 2010, the House adopted a resolution reported from the
    committee and called up as a question of the privileges of the House
    impeaching the judge for high crimes and misdemeanors specified in 4
    articles of impeachment (Mar. 11, 2010, p. 3147).

      In 2009, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Samuel B. Kent for high crimes
    and misdemeanors specified in 4 articles of impeachment, some of them
    addressing allegations on which the judge had been convicted in a
    Federal criminal trial (June 19, 2009, p. 15747).

      In 2019, the House agreed to a privileged resolution reported from the
    Committee on Rules directing the Permanent Select Committee on
    Intelligence and the Committees on Financial Services, Foreign Affairs,
    the Judiciary, Oversight and Reform, and Ways and Means to ``continue
    their ongoing investigations as part of the existing . . . inquiry into
    whether sufficient grounds exist for the House of Representatives to
    exercise its Constitutional power to impeach Donald J. Trump'' (H. Res.
    660, Oct. 31, 2019, p. _). The resolution directed further ongoing
    investigation by all listed committees and established a two-phase
    public committee procedure, beginning with the Permanent Select
    Committee on Intelligence and concluding in the Committee on the
    Judiciary. The Permanent Select Committee on Intelligence adopted a
    report detailing its findings and transmitted such report to the
    Committee on the Judiciary and to the House (H. Rept. 116-335, Dec. 9,
    2019, p. _). The Committee on the Judiciary subsequently filed with the
    House a privileged report accompanying a resolution containing two
    articles of impeachment against President Trump that alleged: (1) the
    President used the powers of his office to solicit and pressure a
    foreign government, Ukraine, to investigate his domestic political rival
    and interfere in the upcoming United State Presidential election; and
    (2) the President categorically obstructed the Congressional impeachment
    inquiry into his conduct (H. Rept. 116-346, Dec. 15, 2019, p. _). Upon
    the adoption of a special order of business, the House proceeded to the
    immediate consideration of the impeachment resolution (Dec. 18, 2019, p.
    _).

      In 2023, the House agreed to a privileged resolution reported from the
    Committee on Rules directing the Committees on Oversight and
    Accountability, the Judiciary, and Ways and Means to ``continue their
    ongoing investigations as part of the . . . inquiry into whether
    sufficient grounds exist for the House of Representatives to exercise
    its Constitutional power to impeach Joseph Biden'' (H. Res. 918, Dec.
    13, 2023, p. _). The resolution directed further ongoing investigation
    by all three listed committees and authorized each committee to file a
    report on its investigatory findings, while clarifying that the
    Committee on the Judiciary was the committee ultimately authorized to
    report an impeachment resolution. None of the three investigatory
    committees filed a report with the House during the remainder of the
    118th Congress.

    [[Page 83]]

    impeaching Secretary of Homeland Security Alejandro Nicholas Mayorkas
    (H. Res. 863, Feb. 13, 2024, p. _). At the outset of the trial, the
    Senate sustained two points of order against the constitutionality of
    the impeachment on the grounds that the conduct of Secretary Mayuorkas
    alleged in each article of impeachment did not rise to the level of a
    high crime or misdemeanor (Apr. 17, 2024, p. _).
      In 2024, the House agreed to a resolution reported from the Committee
    on Homeland Security (following referral to such committee by the House
    when offered as a question of the privileges of the House) and
    considered pursuant to a special order of business reported by the
    Committee on Rules

      A resolution offered from the floor to permit the Delegate of the
    District of Columbia to vote on the articles of impeachment was held not
    to constitute a question of the privileges of the House under rule IX
    (Precedents (Smith), ch. 7, Sec. 2.6). To a privileged resolution of
    impeachment, an amendment proposing instead censure, which is not
    privileged, was held not germane (Dec. 19, 1998, p. 28100).

      For further discussion of impeachment proceedings, see Sec. Sec. 601-
    620, infra; Sec. 31, supra, and Deschler, ch. 14.