Case study:

Impeachment of Alejandro Mayorkas

Yet more evidence of hyper-partisanship in Congress 

Republican partisanship  

Is Congress the broken Branch? 

House Republicans impeached Homeland Security Secretary Alejandro Mayorkas January 2024, making him the first Cabinet secretary since 1876 to be impeached by the House .  Citing a dereliction of duty and saying he "failed to maintain operational control of the [Southern] border" 

The charges against Mr. Mayorkas, should they be approved by the full House, was all but certain to fail in the Democratic-led Senate, where Mr. Mayorkas would stand trial and a two-thirds majority would be needed to convict and remove him. In the end, a motion by Chuck Schumer- the Demorat leader in the Senate that neither article of impeachment alleged "conduct that rises to the level of a high crime or misdemeanor" as required by the Constitution for impeachment, and that they should have therefore been ruled out of order'' was passed.    The Senate voted 51–48–1. All Democrats and Independents voted for the point of order, while all but one Republican voted against it; Lisa Murkowski voted "present".

Frank Bowman of the University of Missouri School of Law, said: "Put simply, on one hand, even if successfully impeaching and removing a Cabinet officer could change the policy of a presidential administration, using impeachment for that purpose would be contrary to America’s constitutional design."