What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?Could the Senate abolish the Supreme Court?Could the President abolish the Supreme Court?Does a Constitutional Amendment Overruling a Court Decision Reinstate Any Applicable Laws?Procedure if two separate district courts issue nationwide and contradictory injunctions?Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?Besides Sudan, have any other foreign countries argued before the Supreme Court of the United States?Can US Supreme Court justices / judges be “rotated” out against their will?Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?When translating the law, who ensures that the wording does not change the meaning of the law?

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What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?


Could the Senate abolish the Supreme Court?Could the President abolish the Supreme Court?Does a Constitutional Amendment Overruling a Court Decision Reinstate Any Applicable Laws?Procedure if two separate district courts issue nationwide and contradictory injunctions?Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?Besides Sudan, have any other foreign countries argued before the Supreme Court of the United States?Can US Supreme Court justices / judges be “rotated” out against their will?Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?When translating the law, who ensures that the wording does not change the meaning of the law?






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1















Background



Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon v. United States:




Primary Holding



The political question doctrine is triggered when the text of the Constitution has shown that an issue lies outside the scope of the courts, or there is no judicial standard for resolving the issue.




This is the only Supreme Court case that I know of which directly applies U.S. Const. Art. I, Section 3, Clause 6 (i.e. the Trial of Impeachment) in any context. I would like to know from a legal perspective any other limitations and or interpretations that the Supreme Court has given to U.S. Const. Art. I, Section 3, Clause 6. Hence my question



Question



What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted how the Trial of Impeachment works on the federal level?










share|improve this question






























    1















    Background



    Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon v. United States:




    Primary Holding



    The political question doctrine is triggered when the text of the Constitution has shown that an issue lies outside the scope of the courts, or there is no judicial standard for resolving the issue.




    This is the only Supreme Court case that I know of which directly applies U.S. Const. Art. I, Section 3, Clause 6 (i.e. the Trial of Impeachment) in any context. I would like to know from a legal perspective any other limitations and or interpretations that the Supreme Court has given to U.S. Const. Art. I, Section 3, Clause 6. Hence my question



    Question



    What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted how the Trial of Impeachment works on the federal level?










    share|improve this question


























      1












      1








      1








      Background



      Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon v. United States:




      Primary Holding



      The political question doctrine is triggered when the text of the Constitution has shown that an issue lies outside the scope of the courts, or there is no judicial standard for resolving the issue.




      This is the only Supreme Court case that I know of which directly applies U.S. Const. Art. I, Section 3, Clause 6 (i.e. the Trial of Impeachment) in any context. I would like to know from a legal perspective any other limitations and or interpretations that the Supreme Court has given to U.S. Const. Art. I, Section 3, Clause 6. Hence my question



      Question



      What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted how the Trial of Impeachment works on the federal level?










      share|improve this question














      Background



      Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon v. United States:




      Primary Holding



      The political question doctrine is triggered when the text of the Constitution has shown that an issue lies outside the scope of the courts, or there is no judicial standard for resolving the issue.




      This is the only Supreme Court case that I know of which directly applies U.S. Const. Art. I, Section 3, Clause 6 (i.e. the Trial of Impeachment) in any context. I would like to know from a legal perspective any other limitations and or interpretations that the Supreme Court has given to U.S. Const. Art. I, Section 3, Clause 6. Hence my question



      Question



      What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted how the Trial of Impeachment works on the federal level?







      united-states constitutional-law us-supreme-court impeachment






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          Actually this is the only SCOTUS ruling on Impeachment because of what it legally means with respect to SCOTUS and impeachment. Namely, Impeachment is a congressional power and not a judicial one that has no punishment beyond the removal from office upon conviction and that therefor it is not a matter that is Judicial. That is a fancy way to say that SCOTUS or any lower court may not hear appeals rising from the outcome of Impeachment. Because of this, it's unlikely to hear any SCOTUS case as to the matter of impeachment and the only outstanding question they could likely hear is "Who can hear an Impeachment Trial for the Vice President?" but thus far none of the 19 impeachment trials have heard involved a vice president. Nixon v. United States basically held that in matters of impeachment it is the court's position that it is likely to respond to this hypothetical with the legal ruling of "not my monkeys, not my circus" (note: not legal jargon).



          With that said, this makes the U.S. senate the highest court in the land when it comes to precedents set by impeachment cases. The very first person ever impeached was a U.S. Senator, who was expelled by the Senate the same day the House voted on Articles of Impeachment. The decision not to have the trial did establish some notable precedents: first, Impeachment and conviction are all about removing an officer from office and if at anytime before conviction the officer is removed by other means, the process is stopped as it is moot. Second, and more important, is that members of Congress are not "impeachable" officers as both houses have methods that allow them to expel members by vote. This means that the only people who can be impeached are executive officers (the person who is currently president, vice president, and cabinet secretaries, any other office that is appointed by the president and confirmed by the senate, and federal judges) and that a conviction of impeachment does not bar one from holding another federal office unless the senate enacts an additional punishment after the conviction barring that person from federal office. They cannot bar one from state office. Finally, House and Senate Rules have instructions for procedures in their part in impeachment. The commonality between both is that impeachment takes precidents over all regular buisness so once articles are put to the floor, there speaker must hold the vote with in a certain window of time (three days, I think) and the Senate must hold the trial as soon as possible, though will honor reasonable delays as per the impeached officer's right to delay.



          As a final note, and because it wasn't clear in the question Nixon v. United States is often confused with another case (United States v. Nixon). The latter one did indirectly relate to impeachment in that it was related to President Nixon handing over evidence to the comittee investigating possible impeachment articles against Nixon, and because of that ruling, Nixon handed over the evidence and later resigned to avoid the Impeachment.



          The former one not only didn't involve anything related Watergate, it also wasn't related to President Nixon at all, but a (former) Federal Judge Walter Nixon, and specifically was heard because Judge Nixon happened to be the first Judge impeached by a Senate commitee as the jury rather than the full Senate, following a rule change that only held full senate as jury for the President and Vice President and a committee for anyone else.



          The final rule is that only the President is constitutionally mandated to have the Chief Justice of the Supreme Court act as the judge in an Impeachment trial, while the presiding officer for all other cases is either the Vice President (acting in his role as President of the Senate) or the President pro Tempore of the Senate (acting in his role of "Guy Keeping the Vice President's Seat in the Senate Rotunda Warm" (not technical Jargon)). Which is why the question of "who is the judge in impeachment of the Vice President?" a noodle baking question, and the answer differs from the Chief Justice to the Senate pr Tempore to the rarely serious argument of the Vice President himself. The best answer is that "It has never come up."






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            Actually this is the only SCOTUS ruling on Impeachment because of what it legally means with respect to SCOTUS and impeachment. Namely, Impeachment is a congressional power and not a judicial one that has no punishment beyond the removal from office upon conviction and that therefor it is not a matter that is Judicial. That is a fancy way to say that SCOTUS or any lower court may not hear appeals rising from the outcome of Impeachment. Because of this, it's unlikely to hear any SCOTUS case as to the matter of impeachment and the only outstanding question they could likely hear is "Who can hear an Impeachment Trial for the Vice President?" but thus far none of the 19 impeachment trials have heard involved a vice president. Nixon v. United States basically held that in matters of impeachment it is the court's position that it is likely to respond to this hypothetical with the legal ruling of "not my monkeys, not my circus" (note: not legal jargon).



            With that said, this makes the U.S. senate the highest court in the land when it comes to precedents set by impeachment cases. The very first person ever impeached was a U.S. Senator, who was expelled by the Senate the same day the House voted on Articles of Impeachment. The decision not to have the trial did establish some notable precedents: first, Impeachment and conviction are all about removing an officer from office and if at anytime before conviction the officer is removed by other means, the process is stopped as it is moot. Second, and more important, is that members of Congress are not "impeachable" officers as both houses have methods that allow them to expel members by vote. This means that the only people who can be impeached are executive officers (the person who is currently president, vice president, and cabinet secretaries, any other office that is appointed by the president and confirmed by the senate, and federal judges) and that a conviction of impeachment does not bar one from holding another federal office unless the senate enacts an additional punishment after the conviction barring that person from federal office. They cannot bar one from state office. Finally, House and Senate Rules have instructions for procedures in their part in impeachment. The commonality between both is that impeachment takes precidents over all regular buisness so once articles are put to the floor, there speaker must hold the vote with in a certain window of time (three days, I think) and the Senate must hold the trial as soon as possible, though will honor reasonable delays as per the impeached officer's right to delay.



            As a final note, and because it wasn't clear in the question Nixon v. United States is often confused with another case (United States v. Nixon). The latter one did indirectly relate to impeachment in that it was related to President Nixon handing over evidence to the comittee investigating possible impeachment articles against Nixon, and because of that ruling, Nixon handed over the evidence and later resigned to avoid the Impeachment.



            The former one not only didn't involve anything related Watergate, it also wasn't related to President Nixon at all, but a (former) Federal Judge Walter Nixon, and specifically was heard because Judge Nixon happened to be the first Judge impeached by a Senate commitee as the jury rather than the full Senate, following a rule change that only held full senate as jury for the President and Vice President and a committee for anyone else.



            The final rule is that only the President is constitutionally mandated to have the Chief Justice of the Supreme Court act as the judge in an Impeachment trial, while the presiding officer for all other cases is either the Vice President (acting in his role as President of the Senate) or the President pro Tempore of the Senate (acting in his role of "Guy Keeping the Vice President's Seat in the Senate Rotunda Warm" (not technical Jargon)). Which is why the question of "who is the judge in impeachment of the Vice President?" a noodle baking question, and the answer differs from the Chief Justice to the Senate pr Tempore to the rarely serious argument of the Vice President himself. The best answer is that "It has never come up."






            share|improve this answer





























              4
















              Actually this is the only SCOTUS ruling on Impeachment because of what it legally means with respect to SCOTUS and impeachment. Namely, Impeachment is a congressional power and not a judicial one that has no punishment beyond the removal from office upon conviction and that therefor it is not a matter that is Judicial. That is a fancy way to say that SCOTUS or any lower court may not hear appeals rising from the outcome of Impeachment. Because of this, it's unlikely to hear any SCOTUS case as to the matter of impeachment and the only outstanding question they could likely hear is "Who can hear an Impeachment Trial for the Vice President?" but thus far none of the 19 impeachment trials have heard involved a vice president. Nixon v. United States basically held that in matters of impeachment it is the court's position that it is likely to respond to this hypothetical with the legal ruling of "not my monkeys, not my circus" (note: not legal jargon).



              With that said, this makes the U.S. senate the highest court in the land when it comes to precedents set by impeachment cases. The very first person ever impeached was a U.S. Senator, who was expelled by the Senate the same day the House voted on Articles of Impeachment. The decision not to have the trial did establish some notable precedents: first, Impeachment and conviction are all about removing an officer from office and if at anytime before conviction the officer is removed by other means, the process is stopped as it is moot. Second, and more important, is that members of Congress are not "impeachable" officers as both houses have methods that allow them to expel members by vote. This means that the only people who can be impeached are executive officers (the person who is currently president, vice president, and cabinet secretaries, any other office that is appointed by the president and confirmed by the senate, and federal judges) and that a conviction of impeachment does not bar one from holding another federal office unless the senate enacts an additional punishment after the conviction barring that person from federal office. They cannot bar one from state office. Finally, House and Senate Rules have instructions for procedures in their part in impeachment. The commonality between both is that impeachment takes precidents over all regular buisness so once articles are put to the floor, there speaker must hold the vote with in a certain window of time (three days, I think) and the Senate must hold the trial as soon as possible, though will honor reasonable delays as per the impeached officer's right to delay.



              As a final note, and because it wasn't clear in the question Nixon v. United States is often confused with another case (United States v. Nixon). The latter one did indirectly relate to impeachment in that it was related to President Nixon handing over evidence to the comittee investigating possible impeachment articles against Nixon, and because of that ruling, Nixon handed over the evidence and later resigned to avoid the Impeachment.



              The former one not only didn't involve anything related Watergate, it also wasn't related to President Nixon at all, but a (former) Federal Judge Walter Nixon, and specifically was heard because Judge Nixon happened to be the first Judge impeached by a Senate commitee as the jury rather than the full Senate, following a rule change that only held full senate as jury for the President and Vice President and a committee for anyone else.



              The final rule is that only the President is constitutionally mandated to have the Chief Justice of the Supreme Court act as the judge in an Impeachment trial, while the presiding officer for all other cases is either the Vice President (acting in his role as President of the Senate) or the President pro Tempore of the Senate (acting in his role of "Guy Keeping the Vice President's Seat in the Senate Rotunda Warm" (not technical Jargon)). Which is why the question of "who is the judge in impeachment of the Vice President?" a noodle baking question, and the answer differs from the Chief Justice to the Senate pr Tempore to the rarely serious argument of the Vice President himself. The best answer is that "It has never come up."






              share|improve this answer



























                4














                4










                4









                Actually this is the only SCOTUS ruling on Impeachment because of what it legally means with respect to SCOTUS and impeachment. Namely, Impeachment is a congressional power and not a judicial one that has no punishment beyond the removal from office upon conviction and that therefor it is not a matter that is Judicial. That is a fancy way to say that SCOTUS or any lower court may not hear appeals rising from the outcome of Impeachment. Because of this, it's unlikely to hear any SCOTUS case as to the matter of impeachment and the only outstanding question they could likely hear is "Who can hear an Impeachment Trial for the Vice President?" but thus far none of the 19 impeachment trials have heard involved a vice president. Nixon v. United States basically held that in matters of impeachment it is the court's position that it is likely to respond to this hypothetical with the legal ruling of "not my monkeys, not my circus" (note: not legal jargon).



                With that said, this makes the U.S. senate the highest court in the land when it comes to precedents set by impeachment cases. The very first person ever impeached was a U.S. Senator, who was expelled by the Senate the same day the House voted on Articles of Impeachment. The decision not to have the trial did establish some notable precedents: first, Impeachment and conviction are all about removing an officer from office and if at anytime before conviction the officer is removed by other means, the process is stopped as it is moot. Second, and more important, is that members of Congress are not "impeachable" officers as both houses have methods that allow them to expel members by vote. This means that the only people who can be impeached are executive officers (the person who is currently president, vice president, and cabinet secretaries, any other office that is appointed by the president and confirmed by the senate, and federal judges) and that a conviction of impeachment does not bar one from holding another federal office unless the senate enacts an additional punishment after the conviction barring that person from federal office. They cannot bar one from state office. Finally, House and Senate Rules have instructions for procedures in their part in impeachment. The commonality between both is that impeachment takes precidents over all regular buisness so once articles are put to the floor, there speaker must hold the vote with in a certain window of time (three days, I think) and the Senate must hold the trial as soon as possible, though will honor reasonable delays as per the impeached officer's right to delay.



                As a final note, and because it wasn't clear in the question Nixon v. United States is often confused with another case (United States v. Nixon). The latter one did indirectly relate to impeachment in that it was related to President Nixon handing over evidence to the comittee investigating possible impeachment articles against Nixon, and because of that ruling, Nixon handed over the evidence and later resigned to avoid the Impeachment.



                The former one not only didn't involve anything related Watergate, it also wasn't related to President Nixon at all, but a (former) Federal Judge Walter Nixon, and specifically was heard because Judge Nixon happened to be the first Judge impeached by a Senate commitee as the jury rather than the full Senate, following a rule change that only held full senate as jury for the President and Vice President and a committee for anyone else.



                The final rule is that only the President is constitutionally mandated to have the Chief Justice of the Supreme Court act as the judge in an Impeachment trial, while the presiding officer for all other cases is either the Vice President (acting in his role as President of the Senate) or the President pro Tempore of the Senate (acting in his role of "Guy Keeping the Vice President's Seat in the Senate Rotunda Warm" (not technical Jargon)). Which is why the question of "who is the judge in impeachment of the Vice President?" a noodle baking question, and the answer differs from the Chief Justice to the Senate pr Tempore to the rarely serious argument of the Vice President himself. The best answer is that "It has never come up."






                share|improve this answer













                Actually this is the only SCOTUS ruling on Impeachment because of what it legally means with respect to SCOTUS and impeachment. Namely, Impeachment is a congressional power and not a judicial one that has no punishment beyond the removal from office upon conviction and that therefor it is not a matter that is Judicial. That is a fancy way to say that SCOTUS or any lower court may not hear appeals rising from the outcome of Impeachment. Because of this, it's unlikely to hear any SCOTUS case as to the matter of impeachment and the only outstanding question they could likely hear is "Who can hear an Impeachment Trial for the Vice President?" but thus far none of the 19 impeachment trials have heard involved a vice president. Nixon v. United States basically held that in matters of impeachment it is the court's position that it is likely to respond to this hypothetical with the legal ruling of "not my monkeys, not my circus" (note: not legal jargon).



                With that said, this makes the U.S. senate the highest court in the land when it comes to precedents set by impeachment cases. The very first person ever impeached was a U.S. Senator, who was expelled by the Senate the same day the House voted on Articles of Impeachment. The decision not to have the trial did establish some notable precedents: first, Impeachment and conviction are all about removing an officer from office and if at anytime before conviction the officer is removed by other means, the process is stopped as it is moot. Second, and more important, is that members of Congress are not "impeachable" officers as both houses have methods that allow them to expel members by vote. This means that the only people who can be impeached are executive officers (the person who is currently president, vice president, and cabinet secretaries, any other office that is appointed by the president and confirmed by the senate, and federal judges) and that a conviction of impeachment does not bar one from holding another federal office unless the senate enacts an additional punishment after the conviction barring that person from federal office. They cannot bar one from state office. Finally, House and Senate Rules have instructions for procedures in their part in impeachment. The commonality between both is that impeachment takes precidents over all regular buisness so once articles are put to the floor, there speaker must hold the vote with in a certain window of time (three days, I think) and the Senate must hold the trial as soon as possible, though will honor reasonable delays as per the impeached officer's right to delay.



                As a final note, and because it wasn't clear in the question Nixon v. United States is often confused with another case (United States v. Nixon). The latter one did indirectly relate to impeachment in that it was related to President Nixon handing over evidence to the comittee investigating possible impeachment articles against Nixon, and because of that ruling, Nixon handed over the evidence and later resigned to avoid the Impeachment.



                The former one not only didn't involve anything related Watergate, it also wasn't related to President Nixon at all, but a (former) Federal Judge Walter Nixon, and specifically was heard because Judge Nixon happened to be the first Judge impeached by a Senate commitee as the jury rather than the full Senate, following a rule change that only held full senate as jury for the President and Vice President and a committee for anyone else.



                The final rule is that only the President is constitutionally mandated to have the Chief Justice of the Supreme Court act as the judge in an Impeachment trial, while the presiding officer for all other cases is either the Vice President (acting in his role as President of the Senate) or the President pro Tempore of the Senate (acting in his role of "Guy Keeping the Vice President's Seat in the Senate Rotunda Warm" (not technical Jargon)). Which is why the question of "who is the judge in impeachment of the Vice President?" a noodle baking question, and the answer differs from the Chief Justice to the Senate pr Tempore to the rarely serious argument of the Vice President himself. The best answer is that "It has never come up."







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                    Tom Holland Mục lục Đầu đời và giáo dục | Sự nghiệp | Cuộc sống cá nhân | Phim tham gia | Giải thưởng và đề cử | Chú thích | Liên kết ngoài | Trình đơn chuyển hướngProfile“Person Details for Thomas Stanley Holland, "England and Wales Birth Registration Index, 1837-2008" — FamilySearch.org”"Meet Tom Holland... the 16-year-old star of The Impossible""Schoolboy actor Tom Holland finds himself in Oscar contention for role in tsunami drama"“Naomi Watts on the Prince William and Harry's reaction to her film about the late Princess Diana”lưu trữ"Holland and Pflueger Are West End's Two New 'Billy Elliots'""I'm so envious of my son, the movie star! British writer Dominic Holland's spent 20 years trying to crack Hollywood - but he's been beaten to it by a very unlikely rival"“Richard and Margaret Povey of Jersey, Channel Islands, UK: Information about Thomas Stanley Holland”"Tom Holland to play Billy Elliot""New Billy Elliot leaving the garage"Billy Elliot the Musical - Tom Holland - Billy"A Tale of four Billys: Tom Holland""The Feel Good Factor""Thames Christian College schoolboys join Myleene Klass for The Feelgood Factor""Government launches £600,000 arts bursaries pilot""BILLY's Chapman, Holland, Gardner & Jackson-Keen Visit Prime Minister""Elton John 'blown away' by Billy Elliot fifth birthday" (video with John's interview and fragments of Holland's performance)"First News interviews Arrietty's Tom Holland"“33rd Critics' Circle Film Awards winners”“National Board of Review Current Awards”Bản gốc"Ron Howard Whaling Tale 'In The Heart Of The Sea' Casts Tom Holland"“'Spider-Man' Finds Tom Holland to Star as New Web-Slinger”lưu trữ“Captain America: Civil War (2016)”“Film Review: ‘Captain America: Civil War’”lưu trữ“‘Captain America: Civil War’ review: Choose your own avenger”lưu trữ“The Lost City of Z reviews”“Sony Pictures and Marvel Studios Find Their 'Spider-Man' Star and Director”“‘Mary Magdalene’, ‘Current War’ & ‘Wind River’ Get 2017 Release Dates From Weinstein”“Lionsgate Unleashing Daisy Ridley & Tom Holland Starrer ‘Chaos Walking’ In Cannes”“PTA's 'Master' Leads Chicago Film Critics Nominations, UPDATED: Houston and Indiana Critics Nominations”“Nominaciones Goya 2013 Telecinco Cinema – ENG”“Jameson Empire Film Awards: Martin Freeman wins best actor for performance in The Hobbit”“34th Annual Young Artist Awards”Bản gốc“Teen Choice Awards 2016—Captain America: Civil War Leads Second Wave of Nominations”“BAFTA Film Award Nominations: ‘La La Land’ Leads Race”“Saturn Awards Nominations 2017: 'Rogue One,' 'Walking Dead' Lead”Tom HollandTom HollandTom HollandTom Hollandmedia.gettyimages.comWorldCat Identities300279794no20130442900000 0004 0355 42791085670554170004732cb16706349t(data)XX5557367