How do you impeach a chief justice?

Answer 1

The US House of Representatives has sole authority to initiate impeachment proceedings, but they must have a legitimate reason for doing so. Under Article II of the Constitution, a President may only be impeached for committing "high crimes and misdemeanors," a vague concept that encompasses both law and ethics. Supreme Court justices are held to the same standard.

Impeachment Process

Impeachment is a two-step process; the impeachment phase is similar to a Grand Jury hearing, where charges (called "articles of impeachment") are presented and the House of Representatives determines whether the evidence is sufficient to warrant a trial. If the House vote passes by a simple majority, the defendant is "impeached," and proceeds to trial in the Senate.

The House of Representatives indicts the accused on articles of impeachment, and, if impeached, the Senate conducts a trial to determine the party's guilt or innocence.

The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.

At the trial a committee from the House of Representatives, called "Managers," act as the prosecutors. Per constitutional mandate (Article I, Section 3), the Chief Justice of the United States (Supreme Court) must preside over the Senate trial of the President. If any other official is on trial, an "Impeachment Trial Committee" of Senators act as the presiding judges to hear testimony and evidence against the accused, which is then presented as a report to the remained of the Senate. The full Senate no longer participates in the hearing phase of the removal trial. This procedure came into practice in 1986 when the Senate amended its rules and procedures for impeachment and has been contested by several federal court judges, but the Supreme Court has declined to interfere in the process, calling the issue a political, not legal, matter.

At the conclusion of the trial, the full Senate votes and must return a two-thirds Super Majority for conviction. Convicted officials are removed from office immediately and barred from holding future office. The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.

Answer 2

The House of Representatives has the sole power of impeachment of the President. If the President is impeached by the House, the Senate must hold a trial based on the impeachment charges. 2/3 vote is required to find a President guilty and remove him from office.

The House and Senate can each expel members or refuse to seat potential members.