Crucial Exams

Multistate Bar Examination Practice Question

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 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.

  • Dismiss the case, because the judge lacks standing to challenge the actions of the legislative branch.

Multistate Bar Examination
Constitutional Law
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