[...] it is not for life if the judge misbehaves - or at least opponents can make a plausible argument to that effect - and Congress removes the jurist, or at least threatens to remove the judge.5 In such a case "judicial selection" might encompass the tactical use of impeachment to deselect judges. In Part I, this Article frames the phenomenon of impeachment as judicial selection as a tactic of constitutional hardball, i.e., the framework suggested by Professor Mark Tushnet for understanding how parties or movements secure rapid change between constitutional orders.6 Part I also discusses several of the prominent instances of resort to this tactic, including the Jeffersonian, Nixonian, and Christian Coalition impeachments or threats of impeachment. [...] as to the grounds for impeach...
... of conviction on three of the eight articles.44 Moreover, the six Democratic-Republican senator... impeachment,46 they never actually introduced a House resolution calling for Fortas' s impeachme...
The 35 Articles of Impeachment and the Case for Prosecuting Georgee W. Bush, by Congressman Dennis Kucinich, Los Angeles: Feral House, 2008, 1... the 35 articles of impeachment he introduced, and Congress ignored, in 2007. The Ohio Democrat ...
...Article II, Section 4: The Impeachment Clause D. A Canonical Pattern IV. APPLYING THE PAT... crime" without losing representation in Congress. (3) The Court construed this text as an "affirmat..., or other crime" after it was introduced in the course of reforming what had been Section 3... of the United States, Consideration of Articles of Impeachment, 105th Cong. 336 (1998) [hereinafte...
... the United States, except in Cases of Impeachment. . Commander-in-Chief . Development of the Con... because experience in the Continental Congress had disclosed the inexpediency of vesting command ... material needed for the manufacture of articles of war.. From the point of view of the factory own... A bill was introduced into the House to appropriate the needed funds and...
... that it is defeated only when Congress expressly ousts state courts of jurisdiction, see ... 1787, however, the New Jersey Plan was introduced. Although it did not directly challenge the decisi... provided that, except for cases of impeachment (over which the Supreme Court would have original ... in the opinion of [Congress] the articles of Union, or any treaties subsisting under the aut...
... HULL, Circuit Judge:1 Soon after Congress passed the Patient Protection and Affordable Care ..., J., dissenting) (“Guns are both articles of commerce and articles that can be used to restr...3200, 111th Cong. (2009), which was introduced in the House of Representatives on July 14, 2009, ... of all Crimes, except in Cases of Impeachment, shall be by Jury.”). ...
... Act (Act) authorizes either House of Congress, by resolution, to invalidate the decision of the ..., Citizenship, and International Law, introduced a resolution opposing "the granting of permanent r...The very structure of the Articles delegating and separating powers under Arts. I, II... was given the power to initiate impeachments. Art. I, 2, cl. 5;. (b) The Senate alone was give...
... with that reason that the founders gave Congress the power to oversee the executive branch as well ... out of this hearing with regard to impeachment of the president. I know it, the media knows it, ... Yes, we have. In 1973 articles of impeachment were introduced against President N...
...The Reconstruction Congress of 1867 rejected a bill that would have revived ti... [Page 623] . Roberts, The Impeachment of the Earl of Clarendon, 13 Camb. Hist. J. 1, 13 ... Hallam's conclusion that" 'one of the articles did actually contain an unquestionable treason' ")... even the House of Lords would convict, introduced a bill of banishment. G. Bennett, Tory Crisis in C...
In the U.S. Senate, only one-third of the members stand for election every two years; the rest carry over from one congressional term to the next. In this regard the Senate differs from the House of Representatives, where all members stand for election every two-year cycle. That much is familiar, but what legal consequences flow from this structural difference? According to some legislators, courts, and commentators, this difference is very important in that it makes the Senate, but not the House, a “continuing body.” The continuing-body idea is invoked to defend highly controversial aspects of Senate practice. By far the most familiar context in which the idea arises—and the one with the most potential for generating serious conflict—is the debate over the legal...
... of members and conviction in impeachment proceedings. 75 The presence of these few superma...151 . . • Articles of impeachment presented to the Senate in one Cong... in the courts, which was hurriedly introduced in the House near the end of the Congress in order...
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