Impeachment
Objectives:
The students will…
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Be able to describe the constitutional process of impeachment.
Evaluate the constitutional meaning of “high crimes and misdemeanors.”
List the specific charges against President Andrew Johnson that led to his impeachment.
Read and evaluate primary sources relating to the Johnson impeachment.
Compare historical events surrounding the near-impeachment of Richard Nixon and the
impeachment of Bill Clinton with the events leading to the earlier impeachment of
Andrew Johnson.
Materials:
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The Articles of Impeachment against Andrew Johnson
PowerPoint on Impeachment
The Tenure of Office Act
Optional:
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Discuss the impeachment of Bill Clinton in 1998. Background information is available at
the History Place.
o It is also good to look at the Watergate scandal and the process towards
impeachment that ended with President Nixon’s resignation. The History Place
also has excellent information on these events. It is important to note that only
two presidents have been impeached—Andrew Johnson and Bill Clinton; Richard
Nixon was not impeached because he resigned before the process could be
completed.
Additional Resources:
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Book: John F. Kennedy, Profiles in Courage: The chapter on Edmund Ross, a Radical
Republican, who voted for acquittal despite the risk to his political career, is excellent.
The Avalon Project has an excellent website devoted to the impeachment of Andrew
Johnson.
Federalist 65 on Senate powers of impeachment.
Myers v. United States
Background:
Teacher Guide
Page 1
In preparation, read the material on the Congressional Power of Impeachment at the Avalon
Project.
1. Show the Teacher PowerPoint and explain the process and purpose of impeachment.
a.
Impeachment is defined in the
United States Constitution in
Article II, Section 4. The House
of Representatives can impeach
with a simple majority vote. The
Senate tries cases of
impeachment. It requires a 2/3rds
vote in the Senate to convict and
remove from office. Hamilton
talks about the power of
impeachment in Federalist # 65.
b. A president (or federal official) is
impeached for “high crimes and
misdemeanors.” What this means
is subject to interpretation.
Impeachment is a POLITICAL not
a criminal process and thus the
standards for indictment are not as
high. Impeachment is a CHARGE
of wrongdoing. There have been
two American presidents
impeached—Andrew Johnson and
Bill Clinton. Impeachment
proceedings had begun against Richard Nixon but the President resigned before they
were completed making a continuation of the process irrelevant.
c. After a president is impeached,
the Senate tries the case with the
Chief Justice of the Supreme
Court serving as the presiding
officer. The House appoints
“managers” who present the case
to the Senate. It requires a
2/3rds vote for conviction.
Neither Andrew Johnson nor Bill
Clinton was convicted of the
impeachment charges brought
against them. Johnson was
Teacher Guide
Page 2
saved by a single vote. If a president is convicted, he is then removed from office.
Regular criminal proceedings could then proceed independently assuming that a crime
had been committed.
d. Bill Clinton was impeached by
the House and found not guilty
in the Senate. The House
Judiciary Committee had drawn
up impeachment charges
against Richard Nixon but he
resigned before they could be
voted upon by the entire House.
2. Johnson was impeached mainly for violating the Tenure of Office Act, a bill he had
vetoed but was overridden by the House and Senate. The act basically stated that the
President could not fire a cabinet official without advice and consent of the Senate. This
law was clearly unconstitutional since this power is not given to Congress by the
Constitution (It was not repealed until 1887 and was found unconstitutional in Myers v.
United States 1926).
3. Download and print out a copy of the Articles of Impeachment. Cut out the eleven
articles and distribute them to the students divided into an equal number of groups. Have
each group read their article of impeachment and then rewrite it into more contemporary
language.
4. Dramatically charge “Andrew Johnson, President of the United States of America with
high crimes and misdemeanors…” and then have the students read the impeachment
charges in order, one through eleven, in a righteous voice of anger.
5. Discuss the reasons for the impeachment of Andrew Johnson. Were they justified or was
it a political vendetta by the Radical Republicans?
Teacher Guide
Page 3