This article is about the legal term. For the Ann Coulter book, see High Crimes and Misdemeanors: The Case Against Bill Clinton

High Crimes and Misdemeanors: The Case Against Bill Clinton

High Crimes and Misdemeanors: The Case Against Bill Clinton is a 1998 book by Ann Coulter, published by Regnery Publishing, and the only book by the author not featuring her image on the cover....

,
for the Woody Allen film, see Crimes and Misdemeanors

Crimes and Misdemeanors

Crimes and Misdemeanors is a 1989 black comedy written, directed by and co-starring Woody Allen, alongside Martin Landau, Mia Farrow, Anjelica Huston, Jerry Orbach, Alan Alda, Sam Waterston and Joanna Gleason....

. For the 2002 film, see High Crimes

High Crimes

High Crimes is a 2002 American thriller film directed by Carl Franklin. The screenplay by Yuri Zeltser and Grace Cary Bickley is based on a novel by Joseph Finder.-Plot:...

.

The charge of high crimes and misdemeanors covers allegations of misconduct that do not fall under a more clearly defined impeachable offence; e.g., high treason

High treason

High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...

. This charge occurs only in cases of parliamentary impeachment

Impeachment

Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....

 and is unrelated to any offence in criminal law

Criminal law

Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

.

Britain

The impeachment of the King's Chancellor

Lord Chancellor

The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...

, Michael de la Pole, 1st Earl of Suffolk

Michael de la Pole, 1st Earl of Suffolk

Michael de la Pole, 1st Baron de la Pole, later 1st Earl of Suffolk was an English financier and Lord Chancellor of England.- Life :...

 in 1386 was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament

Parliament of England

The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...

. He had promised to follow the advice of a committee regarding improvement of the kingdom

Monarchy

A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...

. Another charge said that he failed to pay a ransom for the town of Ghent

Ghent

Ghent is a city and a municipality located in the Flemish region of Belgium. It is the capital and biggest city of the East Flanders province. The city started as a settlement at the confluence of the Rivers Scheldt and Lys and in the Middle Ages became one of the largest and richest cities of...

, and that because of that the town fell to the French.

The 1450 impeachment of William de la Pole, 1st Duke of Suffolk

William de la Pole, 1st Duke of Suffolk

William de la Pole, 1st Duke of Suffolk, KG , nicknamed Jack Napes , was an important English soldier and commander in the Hundred Years' War, and later Lord Chamberlain of England.He also appears prominently in William Shakespeare's Henry VI, part 1 and Henry VI, part 2 and other...

, a descendant of Michael's, was next to allege charges under this title. He was charged with using his influence to obstruct justice, cronyism

Cronyism

Cronyism is partiality to long-standing friends, especially by appointing them to positions of authority, regardless of their qualifications. Hence, cronyism is contrary in practice and principle to meritocracy....

, and wasting public money. Other charges against him included acts of high treason.

Impeachment fell out of use after 1459 but Parliament revived it in the early 17th century to bring the King's ministers to book. In 1621, Parliament impeached the King's Attorney General

Attorney General

In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

, Sir Henry Yelverton for high crimes and misdemeanors. The charges included failing to prosecute after starting lawsuit

Lawsuit

A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...

s and using authority before it was properly his.

After the Restoration

English Restoration

The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...

 the scope of the charge grew to include negligence

Negligence

Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

, and abuse of power or trust while in office

Official

An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...

. For example, charges in the impeachment of Edward Russell, 1st Earl of Orford

Edward Russell, 1st Earl of Orford

Admiral of the Fleet Edward Russell, 1st Earl of Orford, PC was the First Lord of the Admiralty under King William III.-Naval career:...

 in 1701 included many violations of trust and his position. In this case, he abused his position in the Privy Council

Privy council

A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...

 to make profits for himself; as Chief of the Navy he embezzled funds; and, as Lord High Admiral of England he got a commission for the pirate William Kidd

William Kidd

William "Captain" Kidd was a Scottish sailor remembered for his trial and execution for piracy after returning from a voyage to the Indian Ocean. Some modern historians deem his piratical reputation unjust, as there is evidence that Kidd acted only as a privateer...

.

United States

High crimes and misdemeanors is a phrase from Section 4 of Article Two of the United States Constitution

Article Two of the United States Constitution

Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...

: "The President

President of the United States

The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

, Vice President

Vice President of the United States

The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...

 and all civil officers of the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, shall be removed from office on impeachment

Impeachment in the United States

Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...

 for, and conviction of, treason

Treason

In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

, bribery, or other high crimes and misdemeanors."

"High" in the legal parlance of the 18th century means "against the State". A high crime is one which seeks the overthrow of the country, which gives aid or comfort to its enemies, or which injures the country to the profit of an individual or group. In democracies and similar societies it also includes crimes which attempt to alter the outcome of elections.

The first impeachment conviction by the United States Senate

United States Senate

The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 was in 1804 of John Pickering

John Pickering (judge)

John Pickering served as Chief Justice of the New Hampshire Superior Court of Judicature and as Judge for the United States District Court for the District of New Hampshire...

, a judge of the United States District Court for the District of New Hampshire

United States District Court for the District of New Hampshire

The United States District Court for the District of New Hampshire is the Federal district court whose jurisdiction comprises the state of New Hampshire. The Warren B. Rudman U.S...

, for chronic intoxication. Federal judges have been impeached and removed from office for tax evasion

Tax evasion

Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...

, conspiracy to solicit a bribe, and making false statements to a grand jury.

In the impeachment of Bill Clinton

Impeachment of Bill Clinton

Bill Clinton, President of the United States, was impeached by the House of Representatives on charges of perjury and obstruction of justice on December 19, 1998, but acquitted by the Senate on February 12, 1999. Two other impeachment articles, a second perjury charge and a charge of abuse of...

 in the late 1990s for perjury

Perjury

Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...

, the exact meaning of the term high crimes and misdemeanors became the subject of debate. A particular subject of debate is exactly what rises to the level of high crimes and misdemeanors. Some felt that the act of perjury, a federal crime

Federal crime

In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...

, rose to that level. Others felt that this particular act of perjury, while illegal, did not reach that level because the lie was specifically in regard to a matter of personal infidelity and that the questioning that led to it was allegedly politically-motivated.