Must the House Vote to Authorize an Impeachment Inquiry?

Keith E. Whittington is the William Nelson Cromwell Professor of Politics at Princeton University. He teaches and writes about American constitutional theory and development, federalism, judicial politics, and the presidency. He is the author most recently of "Speak Freely: Why Universities Must Defend Free Speech."

Since taking control of the U.S. House of Representatives in the midterm election of 2018, the Democrats have been exploring how it might be possible to pursue an impeachment inquiry while retaining some plausible deniability about whether they are actually doing so. As President Trump has continued to behave in his usual manner, and as the Democratic caucus has gradually coalesced around the view that an impeachment might be necessary, the process has become more explicit. As the center of gravity in the caucus shifted toward impeachment after the revelation of Trump’s phone call within Ukrainian President Volodymyr Zelensky, Speaker of the House Nancy Pelosi finally announced that the “House of Representatives is moving forward with an official impeachment inquiry.”

But what counts as an “official impeachment inquiry,” and what is required to move forward with one? House Minority Leader Kevin McCarthy sent a letter to Pelosi asking her to “suspend” the impeachment inquiry until “transparent and equitable rules and procedures” could be put in place and a floor vote authorizing an impeachment inquiry could be taken. Pelosi responded that no vote was necessary. Now White House Counsel Pat Cipollone has written to Pelosi informing her that the administration will not cooperate with the House’s “constitutionally invalid” impeachment inquiry, in part because the House had not voted “to authorize such a dramatic constitutional step” or provided the president with “due process protections.”

Is it constitutionally acceptable for the House speaker to initiate an impeachment “by means of nothing more than a press conference”? In short, yes.

The constitutional text on this issue is spare. The Constitution simply says that the House has the sole power of impeachment. Ultimately, if the House wants to impeach someone, it needs to muster a simple majority in support of articles of impeachment that can be presented to the Senate. How the House gets there is entirely up to the chamber itself to determine. There is no constitutional requirement that the House take two successful votes on impeachment, one to authorize some kind of inquiry and one to ratify whatever emerges from that inquiry. An impeachment inquiry is not “invalid” because there has been no vote to formally launch it, and any eventual impeachment would not be “invalid” because the process that led to it did not feature a floor vote authorizing a specific inquiry.

More: https://www.lawfareblog.com/must-house-vote-authorize-impeachment-inquiry