Impeachment, as a legal process for alleging and adjudicating crimes against high-ranking public officials, appears in the U.S. Constitution and the constitution of every state, except Oregon. Explore this digital exhibit to learn more about the history and legal documents associated with impeachment in the United States and the Lone Star State.

The Law of Impeachment, a discussion for all

On Monday, December 16, 2019, the Law Library welcomed attorney and author Barbara A. Radnofsky for The Law of Impeachment, a special continuing legal education event from Office of Vince Ryan, Harris County Attorney, and the Law Library. Radnofsky’s book, A Citizen’s Guide to Impeachment, is a well-researched, non-partisan guide to this timely topic and provided a touchstone for a lively discussion with lawyers and members of the public in attendance.

CLE: Texas attorneys can earn 1.0 hour of CLE for viewing this video between February 1, 2020, and January 31, 2021. Use the course number near the end of the video to report your credit at www.texasbar.com.

The concept of impeachment can trace its roots to the Ancient Greek practice of eisangelia, in which public officials were accused of misconduct and tried before a political assembly. Its current form, which is carried into the U.S. and most state constitutions, originated in England. After separation of parliament, the House of Commons had the power to accuse a public official of misconduct and the House of Lords judged impeachment cases.
See, Tex. Const. art. 15, § 1 interp. commentary (West 2018).

Impeachment and the U.S. Constitution

Six provisions in the U.S. Constitution relate to the impeachment of federal officeholders:

Art. I, § 2, cl. 5: The House of Representatives shall choose their speaker and officers; and shall have the sole power of impeachment.
Art. I, § 2, cl. 6 & 7: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Art. II, § 2, cl. 1: The President . . . shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Art. II, § 4: 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 Misdemeanors.
Art. III, § 2, cl. 3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; . . .

Read the full text of the U.S. Constitution on the National Archive’s America’s Founding Document’s website.

The U.S. House of Representatives has begun impeachment proceedings more than 60 times, but has only passed articles of impeachment 21 times, including those against three sitting presidents. Only eight of those impeached—all federal judges—have been found guilty in the Senate and removed from office. Learn more at USA.gov.

The Impeachment of President Andrew Johnson

On February 24, 1868, the U.S. House of Representatives exercised its power of impeachment for the first time against a sitting president by adopting 11 articles of impeachment. After an 11-week trial in the Senate, Johnson avoided removal from office by just one vote. Learn more with an in-depth article published by the U.S. Senate on Senate.gov.

Impeachment of President William Jefferson Clinton

On December 16, 1998, the U.S. House of Representatives passed a resolution containing two articles of impeachment. The Senate issued an acquittal on both counts following a trial that concluded February 16, 1999. Learn more on Senate.gov. You can find even more information with reports produced by the U.S. House Government Reform and Oversight Committee (H. Rept. 105-830) and Miscellaneous Senate Publications Related to Impeachment of President William Jefferson Clinton.

Official portrait of President Donald John Trump, from the archives of Library of Congress (https://www.loc.gov/item/2017656484/).

First Impeachment of President Donald John Trump

On December 18, 2019, the U.S. House of Representatives adopted House Resolution 755, which contained two articles of impeachments; one for abuse of power and another for obstruction of Congress. On February 5, 2020, the Senate issued an acquittal on both articles of impeachment. Learn more on Senate.gov. You can find even more information with documents collected for the U.S. House Evidentiary Record and reports and other publications published by the Government Publishing Office at GovInfo.gov.

Second Impeachment of President Donald John Trump

On January 25, 2021, former President Donald John Trump became the first President of the United States to be impeached twice when the U.S. House of Representatives adopted House Resolution 24. The resolution contained one article titled “Incitement of Insurrection.” On February 13, 2021, the U.S. Senate voted to acquit former President Trump. Learn more about the first second impeachment of a U.S. President through the congressional documents published by the Government Publishing Office on GovInfo.gov.

Like the federal constitution, the Constitution of the State of Texas provides procedures for impeaching public officials that rely on the same bifurcated process in which the House of Representatives impeaches the official and the Senate sits as the court. Learn more about the Texas impeachment process by reading Article 15 of the Texas Constitution from the Texas Legislature.

Impeachment of Governor James Ferguson

The first and only Texas governor to be impeached is Governor James “Pa” Ferguson. Elected in 1914 and re-elected in 1916, he faced 21 articles of impeachment and resigned during the trial in the Senate on September 24, 1917, one day before the Senate voted to remove him from office and disqualify him from holding office again.

Record of Proceedings of the High Court of Impeachment on the Trial of Hon. James Ferguson, Governor.

Following the impeachment hearings, the Texas Senate published a record of the proceedings involving Governor Ferguson. The volume pictured here was donated to the Law Library and has remained a part of the collection for more than 100 years. The title remains one of the most important works on Texas impeachment law given that it records the only impeachment proceedings involving a sitting governor of Texas.

Not One to Give Up

Following his resignation and impeachment, Ferguson announced his candidacy for governor in 1918, but he was defeated in the primary by Houstonian William H. Hobby. After unsuccessful runs for the U.S. Presidency and Senate, he once again announced a run for governor in 1924. A concerned Harris County resident named John Maddox filed suit. Ferguson argued that because he resigned, the Texas Senate had no power to bar him from holding office. The Supreme Court of Texas disagreed. Undeterred, Pa ran a successful campaign for his wife, Miriam “Ma” Ferguson, in 1924 to defeat a Klan-backed candidate and returned to the Governor’s mansion as First Gentleman. Ma Ferguson was the first women to serve as governor of Texas.
See, Ralph W. Steen, “Ferguson, James Edward,” The Handbook of Texas (2016).

Impeachment of Attorney General Warren Kenneth Paxton, Jr.

On May 27, 2023, Attorney General Warren Kenneth Paxton, Jr., became the third public official in Texas to be impeached. The impeachment proceedings stemmed from Paxton’s dealings and involvement with Austin real estate investor, Nate Paul, and whistleblower complaints made by several employees.

Following a request by Paxton that the Legislature use “public funds to settle the wrongful termination lawsuit brought by whistleblowers in the Office of the Attorney General,” the House General Investigating Committee conducted an inquiry. Thereafter, H.R. 2377, which set out 20 Articles of Impeachment, was filed. More than a majority of the House elected to impeach, with 121 of its 149 supporting the resolution.

Of the 20 articles that were filed, the Senate chose to hear evidence relating to only 16. The Articles ranged from disregard of official duty to constitutional bribery to abuse of public trust. After a trial at which Lieutenant Governor Dan Patrick was the presiding officer, Paxton was acquitted of all 16 Articles. Following the acquittal, the lawsuit for wrongful termination and retaliation brought by the whistleblowers was reinstated and will proceed in Travis County.