Washington — The idea that a U.S. president would use full-throated threats of war crimes against an enemy — in a war unauthorized by a benumbed Congress — is so appalling it is generating calls for the removal of the president from office. The calls are coming from across the political spectrum, including from many of his former supporters.
The current focus of attention is on the 25th Amendment's procedure to remove a president. But successful use of the 25th is unlikely (because it depends on the president's own cabinet), so more attention should be given to the Constitution's original impeachment and conviction process that places the matter before the Congress itself.
Under the Constitution, if a simple majority of the House, and two-thirds of those voting in the Senate, are determined to remove a president from office, it can be done quickly.
The record for the quickest Senate trial and conviction of a federal official is one day. This record belongs to West H. Humphreys, a U.S. District Court judge for Tennessee. On May 22, 1862, the Senate held a single-day trial and voted to convict and remove him from the bench. The Charges: Humphreys was impeached for supporting the Confederate rebellion and accepting a judicial appointment from the Confederacy without resigning his U.S. judgeship.The House Action: The House of Representatives impeached him on May 6, 1862. The Senate Trial: The trial was held on a single day, May 22, 1862, making it the shortest in history. The Outcome: He was convicted on all seven articles of impeachment, removed from office, and disqualified from ever holding another federal post.*
Other impeachments, convictions, and removals have been done in two or three days, total. If the votes are there, Congress can act quickly and decisively.
Of interest is the fact that the vote to convict in the Senate is of those present, as long as a quorum exists to conduct business.
Of interest is the fact that the vote to convict in the Senate is of those present, as long as a quorum exists to conduct business.
In a full 100-member Senate, 67 votes are needed for conviction. If senators are absent, that number* drops:
| Senators Present | Votes Needed to Convict (2/3) | Votes Needed to Acquit (more than 1/3) |
|---|---|---|
| 100 | 67 | 34 |
| 90 | 60 | 31 |
| 80 | 54 | 27 |
| 60 | 40 | 21 |
| 51 (Quorum) | 34 | 18 *AI generated |
