A federal judge was impeached by the House of Representatives and subsequently convicted by the Senate. The judge filed a lawsuit in federal court, arguing that the Senate's procedure-using a committee to hear evidence and report back to the full Senate-violated the constitutional clause stating the Senate shall have the 'sole Power to try all Impeachments.' The judge seeks judicial review of the conviction. How is the court most likely to rule on the judge's claim?
Grant review, because the Due Process Clause requires a full evidentiary hearing before the entire Senate.
Dismiss the case, because the judge lacks standing to challenge the actions of the legislative branch.
Dismiss the case, because challenges to the impeachment process present a non-justiciable political question.
Grant review, because the case raises a federal question about the interpretation of constitutional procedures.
The court will most likely dismiss the case because challenges to the impeachment process are considered non-justiciable political questions. In Nixon v. United States, 506 U.S. 224 (1993), the Supreme Court held that a nearly identical claim was non-justiciable. The Court found that Article I, Section 3, Clause 6 of the Constitution, which grants the Senate the 'sole Power to try all Impeachments,' represents a 'textually demonstrable constitutional commitment of the issue to a coordinate political department.' Furthermore, the Court concluded that there was a lack of judicially manageable standards for resolving what procedures are required for the Senate to 'try' an impeachment. Therefore, such questions are left to the legislative branch to resolve and are not subject to judicial review.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the political question doctrine?
Open an interactive chat with Bash
What are the powers of the House and Senate during impeachment?
Open an interactive chat with Bash
What does it mean for a question to be 'non-justiciable'?