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Judicial Power & Separation of Powers

Nixon v. United States

Decided: 1993

In brief

Impeachment trial procedures are a nonjusticiable political question committed to the Senate alone.

The Court's ruling in depth

Federal Judge Walter Nixon (no relation to the President) was impeached and removed after the Senate used a committee to take evidence and reported findings to the full Senate for final vote. He argued this violated the Constitution's command that the Senate 'try' impeachments. Chief Justice Rehnquist held the challenge nonjusticiable: the word 'try' has no judicially manageable standard, and the Constitution commits the trial process solely to the Senate, whose judgment on procedure is final. Any other rule would let removed officials tie up their successors in litigation and would place courts in the awkward position of overseeing an impeachment aimed at judges themselves. Nixon is the leading modern authority that the Senate's impeachment machinery is essentially unreviewable.

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