High crimes and misdemeanors facts for kids

The phrase high crimes and misdemeanors refers to serious wrongdoings by government officials. These are not always ordinary crimes. Instead, they are often about officials breaking the trust placed in them or abusing their power. People in government are expected to act with great honesty because of the important promises they make when they take office.

How It Started in Britain

The idea of "high crimes and misdemeanors" first appeared in England. It was used when Michael de la Pole, 1st Earl of Suffolk, who was the King's Chancellor, was accused of wrongdoing in 1386. One of the accusations against him was that he broke a promise to Parliament to follow advice that would help the kingdom. Another charge said he failed to pay a ransom, which led to a city falling to the French.

Later, in 1450, William de la Pole, 1st Duke of Suffolk, was also accused using this term. He was charged with using his influence to stop justice, showing favoritism to friends (called cronyism), and wasting public money. Some charges against him were even about very serious acts against the country.

After 1459, this way of accusing officials wasn't used much. But in the early 1600s, Parliament started using it again to try the King's ministers. For example, in 1621, Sir Henry Yelverton, the King's Attorney General, was accused of "high crimes and misdemeanors." His charges included not following through on lawsuits he started and using power before he was officially allowed to.

In 1640, Thomas Wentworth, 1st Earl of Strafford, faced similar charges for his actions in Ireland. Even though King Charles I promised to protect him, Strafford was executed the next year.

After the Restoration period, the meaning of these charges grew. It started to include things like carelessness (called negligence) and abusing power or trust while in office. For instance, in 1701, Edward Russell, 1st Earl of Orford, was accused of many trust violations. He used his position in the Privy Council to make money for himself. As Treasurer of the Navy, he took money that wasn't his. And as Admiral of the Fleet, he even helped a pirate named William Kidd get a special permission.

In the United States

The phrase "high crimes and misdemeanors" is also found in the United States Constitution. It's in Section 4 of Article Two of the United States Constitution. It says that the President, Vice President, and other U.S. officials can be removed from office through Impeachment if they are found guilty of Treason, Bribery, or other "high Crimes and Misdemeanors."

The word "high" in "high crimes" during the 1600s and 1700s meant actions done by or against people who had special duties. These duties came from taking an oath of office, which ordinary people don't have. A "high crime" could only be committed by someone in a unique position of political power. It meant they did things to get around justice. When "high crimes and misdemeanors" were used together, it was a common phrase when the U.S. Constitution was written. It didn't mean there were very strict rules for proving guilt. In fact, it meant the opposite, covering a wide range of serious wrongdoings.

A 1974 report by the Judiciary Committee explained that "High Crimes and Misdemeanors" is a "term of art." This means it's a special phrase with a specific legal meaning. The Supreme Court has said that such phrases should be understood based on what the people who wrote the Constitution meant, not how we use the words today. In 1807, Chief Justice John Marshall wrote about another legal term, saying it was a "technical term" from English law. He believed the Constitution's writers used it with the same meaning.

Since 1386, the English Parliament had used "high crimes and misdemeanors" as a reason to impeach officials. Officials accused of these charges were blamed for many different things. These included taking government money, hiring people who weren't fit for the job, not pursuing legal cases, promoting themselves unfairly, threatening a jury, disobeying Parliament, arresting someone to stop them from running for Parliament, and helping to stop people from asking the King to call Parliament.

The Founding Fathers of the United States believed impeachment was important. Benjamin Franklin said that the power to impeach and remove an executive was needed when an executive "rendered himself obnoxious." He felt the Constitution should allow for fair punishment if an executive deserved it, or honorable clearing if they were wrongly accused. James Madison said impeachment was "indispensable" to protect the community from a leader's "incapacity, negligence or perfidy." He argued that a single leader could more easily lose their ability or become corrupt, which could be very bad for the country.

The process of impeaching someone in the House of Representatives and convicting them in the Senate is complicated. It was designed to prevent officials from being removed for small reasons. It was George Mason who suggested the term "high crimes and misdemeanors" as a reason to remove public officials who misuse their office. The original ideas for this term included phrases like "high misdemeanor," "maladministration" (bad management), or "other crime." Edmund Randolph said impeachment should be for those who "misbehave." Charles Cotesworth Pinckney said it should be for those who "behave amiss, or betray their public trust."

As you can see, the definition of "high crimes and misdemeanors" doesn't point to specific offenses. This gives the House of Representatives and the Senate a lot of freedom to interpret it. Constitutional law often isn't super specific. Courts and lawmakers help make constitutional rules clear over time. In impeachment cases, the House and Senate act like a court and can set examples for future cases.

In Federalist No. 65, Alexander Hamilton explained that these offenses come from "the misconduct of public men." In other words, they are about abusing or breaking a public trust. He said they are "political" in nature because they mostly involve harm done directly to society itself.

The first time the United States Senate convicted someone after impeachment was in 1804. It was John Pickering, a judge. Federal judges have been impeached and removed for things like not paying taxes, planning to ask for a bribe, and making false statements to a grand jury.

President Andrew Johnson was impeached by the U.S. House of Representatives on February 24, 1868. He faced eleven articles of impeachment detailing his "high crimes and misdemeanors." The main charge against Johnson was that he broke the Tenure of Office Act. He had removed Edwin M. Stanton, the Secretary of War, and replaced him. However, it was unclear if Johnson had actually broken the law because Stanton was first chosen by President Abraham Lincoln, not Johnson. The Senate voted, but they were one vote short of convicting him.

During the impeachment of Bill Clinton in 1999, White House Counsel Charles Ruff described a "narrow" way to understand "high crimes and misdemeanors." He said it required a very high standard. This was to make sure that only the most serious offenses, especially those that harmed the government system, would be enough to overturn a popular election. Many legal experts and senators at the time seemed to agree with this narrow interpretation.

See also

• High misdemeanor

Images for kids

• Michael de la Pole, 1st Earl of Suffolk.jpg

  Michael de la Pole, the first person accused of "high crimes and misdemeanors."

• William de la Pole.jpg

  William de la Pole, accused of wasting public money.

• Sir Henry Yelverton.jpg

  Sir Henry Yelverton, impeached in 1621.

• Thomas Wentworth, 1st Earl of Strafford by Anthony van Dyck.jpg

  Thomas Wentworth, executed after impeachment.

• Edward Russell, 1st Earl of Orford by Sir Godfrey Kneller, Bt.jpg

  Edward Russell, accused of abusing his position for profit.

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  President Andrew Johnson, impeached in 1868.