Impeachment

Impeachment is a formal legal process used by a legislative body or a legal tribunal. It is used to initiate charges against a public official for misconduct. This process is often used for ministerial officials or high-ranking leaders. These officials might be beyond the reach of normal prosecution. Their misconduct might also be defined by the specific duties of their high office. The primary goal of impeachment is usually to vacate an office quickly.

Impeachment is distinct from a motion of no confidence. In some countries, a motion of censure can remove a government or its ministers. However, this procedure does not apply in presidential systems like the United States. Impeachment is generally reserved for serious abuses of power. Because it departs from normal ways of gaining office, it often requires a supermajority. A supermajority means a much larger portion of the group must agree than a simple majority.

The word impeachment likely comes from an Old French word. This word comes from a Latin term meaning to catch or ensnare by the foot. It is related to the modern English word impede, which means to prevent. The process was first used by the English "Good Parliament" in the late 14th century. They used it against William Latimer, the 4th Baron Latimer. Later, states like Virginia and Massachusetts adopted similar mechanisms in 1776 and 1780. These states limited the punishment to removal from office.

Different cultures have used different methods to hold leaders accountable. In the Ashanti Empire of West Africa, Kingmakers could "destool" a ruler. This happened if a ruler violated oaths taken during their enstoolment. The process was very symbolic and physical. Kingmakers would forcibly remove the guilty party's sandals. They would also bump the person's buttocks on the ground three times. The leader would lose their Golden Stool and other royal regalia.

In Korea, the Goryeo dynasty used a system called Sahundae. This group was installed in 983 AD to oversee the impeachment of officials. In the United States, the process is split between two branches of Congress. The House of Representatives has the sole power to impeach. The Senate has the sole power to try the impeachment. In the Senate, they decide whether to acquit or convict the official. The validity of these trials is considered a political question that courts cannot review.

Brazil provides a detailed example of how these complex rules work. In Brazil, impeachment refers to the definitive removal from office. Any citizen can initiate an accusation against the president. The Chamber of Deputies must then vote with a two-thirds supermajority to authorize a trial. If the Senate accepts the charges, the president is provisionally removed from office. The Vice President then becomes the acting president while the trial proceeds.

Brazil has seen several major impeachment events. In 1992, President Fernando Collor de Mello resigned during impeachment proceedings. Even though he resigned, the Senate still voted to convict him. He was barred from holding office for eight years due to bribery and misappropriation. In 2016, President Dilma Rousseff faced impeachment for budgetary mismanagement. The Senate voted to remove her from office. However, the Senate did not vote to disqualify her from future office.

Impeachment is a significant global phenomenon. Between 1990 and 2020, there were at least 272 impeachment charges. These charges involved 132 different heads of state across 63 countries. In Latin America, which contains about 40% of the world's presidential systems, impeachment is common. Between 1978 and 2019, ten presidents from seven different countries were removed. These numbers show how important this legal tool is for managing power in modern governments.