Article courtesy of guest contributor, Alden Loveshade
Donald Trump asked on Twitter: “Are you allowed to impeach a president for gross incompetence?”
Thank you for asking, Mr. Trump. I for one really appreciate that you are concerned about this issue. I must apologize, however, for not responding much sooner as you posted this way back on June 4, 2014.
Fortunately, this is an excellent time for you and other Americans to see how this process works. House Speaker Nancy Pelosi has initiated a formal impeachment inquiry against an American president.
But what is impeachment of the president? This is covered by Articles I and II of the U.S. Constitution. Article I states the House of Representatives can bring charges against a sitting president and the Senate has the sole power to try impeachments.
In practice, as this means overturning the “will of the people,” impeachment is reserved for very serious offenses such as Article II’s “treason, bribery, or other high crimes and misdemeanors.” This could include something like betrayal of the oath of office, betrayal of national security, or betrayal of the integrity of national elections.
Of course it’s hard to imagine any American president betraying their oath of office, the national security, or the integrity of national elections. But it’s good to know you and I, and all Americans, can be protected from such a president!
Did you know two, or three, presidents (people disagree on this) were impeached before you posted your tweet? Andrew Johnson, who became president after Abraham Lincoln was assassinated, was the first. The second who clearly was impeached was Bill Clinton. There’s some debate as to whether Richard Nixon was impeached as the process had begun but was not completed when he resigned. No U.S. president has been removed from office after impeachment–at the time of your tweet.
But this does not answer your question: can the president of the United States be impeached for gross incompetence?
The answer is “probably not.”
But I’m glad that you want to understand how American government works. Impeachment is specifically a trial for presidential crime(s) or misconduct, not ineptitude. That’s usually left for the voters to decide.
I appreciate that you, an American citizen, want to learn about how American laws and the Constitution work. While I understand your desire to see that a president who’s grossly incompetent is removed from office, the initiation of impeachment proceedings usually requires more than mere ineptness … perhaps something along the line of extorting a foreign government to dig up, or manufacture, dirt on your political rival for your personal, political benefit.
Photo | inquisitr.com
Charles sloane says
Since the Orange Turd always wants to the biggest, first and best of everything, let’s make his wish come true and make him the First President ever impeached AND convicted and then he can truly go down as the BIGGEST failure as President EVER.
John DeProspo says
I’m with you!
Alden Loveshade says
I put a notice of this on The Loveshade Family Blog (linked below).
Alden Loveshade says
Actually, linked from my name. I’ll get this Internets thing figured out eventually.
Miley Spears says
Soon Donald Trump may get the answer he’s looking for! It’s good Donald Trump wants to protect us from a gross and incompetent president!
John DeProspo says
Let us hope!
Rogue says
I don’t support Trump, but I think it’s understandable that one can’t remove a President just for incompetency. Rather than actual law-breaking or someting like that, it’s quite vague, so people would definitely be using it more often for political goals, rather than because the President is actually bad.
Michael Viviano says
Does incompetence have to be the only gross thing a hypothetical president gets impeached for?
Alden Loveshade says
Thanks for the questions and comments!
A move to remove the president for incompetence could indeed be politically motivated. But there is some possible Constitutional basis for doing so.
Article II, Section 1, Clause 6 of the Constitution reads:
“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….” The “inability” portion of that could possibly apply to incompetence. But often it’s interpreted as applying to something that’s virtually indisputable. And that section says what would happen if the president has already been removed for such reason.
How that section would be applied for anything other than death or resignation (in the case of Nixon) is debatable.