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Constitutional Law Keyed to Choper
Nixon v. United States
Citation:
506 U.S. 224, 113 S.Ct. 732, 122 L.E.2d 1 (1993).Facts
Walter Nixon, a former Chief Judge of a federal district court, was convicted of making false statements before a grand jury and sentenced to prison. The Senate invoked its own Impeachment Rule XI, under which the presiding officer appoints a committee of Senators to “receive evidence and take testimony.” This committee of senators held 4 days of hearings and afterwards presented the full Senate with a complete transcript of the proceeding and report summarizing the evidence. The Senate voted to convict Nixon and the presiding officer entered judgment to remove Nixon from his office as U.S. District Judge. Nixon thereafter brought suit arguing that Impeachment Rule XI violates the constitutional grant of authority to the Senate to “try” all impeachments because it prohibits the whole Senate from taking part in the evidentiary hearings.
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