Impeachment of Cabinet Secretaries: How Congress Can Remove US Officials Under the Constitution

Impeachment is often linked to US presidents, but Congress can also use it against Cabinet secretaries and other federal officials. The US Constitution sets out when such officials can face removal. The steps involve votes in the House and a trial in the Senate. The process is rare, and only a few Cabinet members have faced it.

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The authority comes from Article II, Section 4 of the Constitution. It applies to the "President, Vice President and all civil Officers of the United States\". Cabinet secretaries fall under \"all civil Officers of the United States\". The text states: \"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 Misdemeanours.\"

US Cabinet secretary impeachment rules in the Constitution

\"High Crimes and Misdemeanours\" has no fixed meaning in the Constitution. It does not always require breaking a criminal law. It also does not depend on a court conviction. In past impeachment cases, Congress has treated it as misuse of official authority. It has also covered conduct seen as breaking public trust.

Impeachment cases begin in the House of Representatives. Lawmakers can introduce a resolution or start an inquiry through a committee. The House then reviews the claims and decides on articles of impeachment. If a simple majority supports impeachment, the case moves forward. The Senate then takes up the matter for a trial.

US Cabinet secretary impeachment process in the House and Senate

The Constitution clearly sets one point for a presidential trial. It says the chief justice of the US Supreme Court presides in that situation. For Cabinet secretaries, the document does not spell out the same detail. That leaves less clarity on who leads the Senate proceedings. Still, the overall structure remains close to the presidential process.

An impeachment vote by the House does not remove a Cabinet secretary. Impeachment is a formal charge rather than a finding of guilt. Removal depends on conviction after the Senate trial. A secretary can stay in office after impeachment by the House. That can continue while the Senate weighs the allegations and votes.

US Cabinet secretary impeachment votes needed for removal

The voting thresholds differ between the two chambers. The House needs only a simple majority to impeach a Cabinet secretary. The Senate, however, requires a two-thirds vote to convict. That higher bar makes removal harder. It matches the standard used when the Senate decides presidential impeachment trials.

Impeachment of Cabinet secretaries has been uncommon in US history. William W Belknap, war secretary under President Ulysses S Grant, was the first. Belknap resigned hours before the House vote in 1876. The allegations involved bribes linked to a trading post scandal. The Senate later acquitted Belknap despite the House action.

The next Cabinet secretary impeached was Alejandro Mayorkas in the Biden administration. Mayorkas served as Homeland Security Secretary. The House narrowly voted to impeach Mayorkas in February 2024. Two months later, the Senate dismissed the case. Senators said the charges did not meet constitutional standards.

Mayorkas stayed in the role after the Senate dismissal. Mayorkas continued to serve until President Joe Biden left office. These cases showed how impeachment can be started with a House majority. They also showed how Senate action can end a case without removal. They underlined why Cabinet secretary impeachment remains rare.

With inputs from PTI