The House of Representatives
Impeachment proceedings may be commenced by a member of the House of Representatives on his or her own initiative by either presenting a listing of the charges under oath, or by asking for referral to the appropriate committee. The impeachment process may be triggered by non-members, for example: when the Judicial Conference of the United States suggests a federal judge be impeached; a special prosecutor advises the House of information which he or she believes constitutes grounds for impeachment; by message from the President; or by a charge from a state or territorial legislature or grand jury; or by petition.
The type of impeachment resolution determines which committee it will be referred to. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then referred to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. If the Committee finds grounds for impeachment they will set forth specific allegations of misconduct in one or more "articles of impeachment." The Impeachment Resolution, or Article(s) of Impeachment, are then reported to the full House with the committee's recommendations.
The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually. A simple majority of those present and voting is required for each article or the resolution as a whole to pass. If the House votes to impeach, managers are selected to present the case to the Senate. Recently, managers have been selected by resolution, while historically the House would occasionally elect the managers or pass a resolution allowing the appointment of managers at the discretion of the Speaker of the House of Representatives.
Also, the House will adopt a resolution in order to notify the Senate of its action. After receiving the notice, the Senate will adopt an order notifying the House that it is ready to receive the managers. The House managers will then appear before the bar of the Senate to impeach the individual involved and exhibit the articles against him or her. After the reading of the charges, the managers return and make a verbal report to the House.
Senate
The proceedings unfold in the form of a trial, with each side having the right to call witnesses and perform cross-examinations. The House members presenting the prosecution case, who are given the collective title "managers" during the course of the trial, are allowed full access to the floor of the Senate chamber (a privilege not otherwise given to House members) only for the purposes of the impeachment trial. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence (as opposed to the House of Lords in the Parliament of the United Kingdom, who vote upon their honor). The hearing requires a simple majority of the Senators as a quorum. After hearing the charges, the Senate retires to deliberate in private. Conviction requires a two-thirds majority.
The Senate's enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State Upon conviction, the official is automatically removed and may also be barred from holding future office. The removed official is also liable to criminal prosecution. The President may not grant a pardon in the impeachment case, but may use it in any criminal case.
Beginning in the 1980s, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XII. These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses. The committees would then compile the evidentiary record and present it to the Senate; all senators would then have the opportunity to review the evidence before the chamber voted to convict or acquit. The purpose of the committees was to streamline impeachment trials, which otherwise would have taken up a great deal of the chamber's time. Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as well as the Senate's constitutional mandate, as a body, to have "sole power to try all impeachments." Several impeached judges sought court intervention in their impeachment proceedings on these grounds, but the courts generally refused to become involved due to the Constitution's granting of impeachment and removal power solely to the legislative branch, making it a political question.
