Federal impeachments are tried in the United States Senate. The Constitution splits the impeachment power between the two chambers of Congress: the House of Representatives brings the charges, and the Senate holds the trial. Where are impeachments tried at the state level? In most states, the state senate, following the same basic structure.
Why the Senate and Not a Court
Article I, Section 3 of the Constitution grants the Senate the “sole Power to try all Impeachments.”1Constitution Annotated. Article I Section 3 – Senate That word “sole” does real work. No federal court, including the Supreme Court, can take the case instead, and no court can review the Senate’s verdict after the fact.
The Supreme Court confirmed that directly in Nixon v. United States (1993), a challenge brought by a federal judge who had been convicted by the Senate. The Court held that the Constitution commits the impeachment trial power entirely to the Senate, making the process a political question that federal courts will not review.2Justia U.S. Supreme Court. Nixon v United States, 506 US 224 (1993) Whatever the Senate decides, stands.
The Senate Chamber as a Courtroom
During an impeachment trial, the Senate chamber itself functions as the courtroom and the 100 senators serve as the jury. Before any evidence is heard, each senator takes a special oath separate from the standard oath of office, swearing or affirming that they will “do impartial justice according to the Constitution and laws.”3Constitution Annotated. Oath or Affirmation Requirement in Impeachment Trials That oath sets the proceeding apart from ordinary legislative business.
Who presides depends on who is being tried. The Vice President is constitutionally the President of the Senate and normally presides over Senate proceedings, including impeachment trials of judges and most other officials.4Constitution Annotated. President of the Senate When the president is on trial, the Constitution requires the Chief Justice of the United States to preside instead.1Constitution Annotated. Article I Section 3 – Senate The reason is practical: the Vice President would stand to gain the presidency from a conviction.
How the Trial Runs
The prosecution is handled by House members known as “managers,” chosen by the House to present the case against the impeached official. The impeached official has the right to appear with counsel, and every official tried by the Senate has been represented by a defense team.5United States Senate. Senate Rules of Procedure and Practice When Sitting on Impeachment Trials
The proceedings broadly resemble a courtroom trial but operate under the Senate’s own rules rather than the Federal Rules of Evidence. Both sides deliver opening statements. The House managers present evidence and call witnesses, the defense does the same, and senators may submit written questions. After closing arguments, the Senate deliberates in closed session before voting.6United States Senate. About Impeachment
One procedural detail is easy to miss. Under Senate Rule XI, adopted in 1935, the Senate can appoint a committee of senators to receive testimony and evidence, then report back to the full chamber. The full Senate still votes on conviction, but the evidence-gathering phase can happen in a smaller room with a fraction of the membership present.7United States Senate. Senate Impeachment Rules This is the rule Walter Nixon challenged in the 1993 Supreme Court case, and the one the Court declined to review.2Justia U.S. Supreme Court. Nixon v United States, 506 US 224 (1993)
The Senate votes separately on each article of impeachment. Conviction on any single article requires a two-thirds supermajority of the senators present.1Constitution Annotated. Article I Section 3 – Senate In a full Senate of 100 members, that means at least 67 guilty votes.
What the Senate Can Do After a Conviction
The Senate’s trial power comes with sharp limits on punishment. The Constitution lets it do two things to a convicted official: remove the person from office, and disqualify them from holding any future federal position. Nothing more. No prison sentence, no fine.8Legal Information Institute. Overview of Impeachment Judgments
Removal is automatic upon conviction. Disqualification is not. It requires a separate vote, and Senate practice since the 1860s has set that threshold at a simple majority rather than two-thirds.9Congress.gov. Impeachment and the Constitution
A conviction in the Senate does not shield the official from the regular justice system. The Constitution expressly states that a person convicted through impeachment remains subject to criminal indictment, trial, and punishment under ordinary law.10Congress.gov. Article I Section 3 Clause 7 – Impeachment Judgments A Senate acquittal does not prevent prosecutors from bringing charges either, because impeachment is a political process rather than a criminal one.
State Impeachment Trials
Every state has some mechanism for impeaching and removing state officials, though the details vary. Most states follow the federal model: the lower legislative chamber votes to impeach, the state senate conducts the trial, and a supermajority is required for conviction.
Not every state follows that pattern. In some states, the trial body includes judges from the state’s highest court alongside state senators, creating a hybrid tribunal rather than a purely legislative one. Vote thresholds also differ from state to state. A few states have alternative removal mechanisms outside the impeachment process entirely, such as recall elections or judicial conduct commissions. If you need to know how impeachment works in a specific state, the state constitution is the controlling document.