Yes: business of the courts
Article Abstract:
The intent of the phrase 'The Senate shall have the sole power to try all impeachments' in Art. 1 of the Constitution is not for 'sole' to impact the justiciability guarantees of Art. II. Separation of powers requires judicial review rather than estopping it, and the impeachment powers of the Senate and legislative powers of the Congress are equally subject to judicial review. The failure of the full Senate to try Judge Walter L. Nixon's impeachment violated the separation of powers clause and should be reviewed by the courts.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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No: limited by design
Article Abstract:
The Constitution gives the Senate 'sole power' to try impeachments, and this means that impeachments are not subject to judicial review. Both commentary written at the time and the document's drafting history make it clear that the founding fathers did not intend Senate procedures for taking evidence in impeachment trials to be subject to judicial review, and analyses of the impeachment trial clause and the 'political question' doctrine also lead to the conclusion that the courts have no say in this matter.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Jurist before the bench; challenging impeachment procedures for federal judges
Article Abstract:
Former federal judge Walter L. Nixon Jr. has taken a challenge of his impeachment to the US Supreme Court. Oral arguments were heard in Oct 1992. Nixon argues that an impeachment proceeding must be conducted by the whole Senate, not by a committee which puts together the evidentiary record for the full body to act on. Nixon also feels Senate impeachments should be subject to judicial review.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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