Can SCOTUS overturn an impeachment conviction?
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  Can SCOTUS overturn an impeachment conviction?
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Author Topic: Can SCOTUS overturn an impeachment conviction?  (Read 606 times)
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shua
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« on: January 17, 2021, 11:38:31 PM »

Can SCOTUS overturn an impeachment conviction?

One the one hand, it seems like this would be intruding into the perogative of the Congress to be a check on the Executive.

One the other hand, it is possible that the Congress could convict the impeached of a "crime" that is actually activity that is protected by the Constitution, like speech or assembly, or violates the 4th or 5th amendment in some way.   Does SCOTUS intervene if petitioned?  If not, does the impeachment constitute precedent?
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BRTD
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« Reply #1 on: January 17, 2021, 11:40:04 PM »

I have no doubt if such a case was brought to them they'd just rule impeachment a "political question" and remove any jurisdiction over it.
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brucejoel99
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« Reply #2 on: January 17, 2021, 11:43:26 PM »

I have no doubt if such a case was brought to them they'd just rule impeachment a "political question" and remove any jurisdiction over it.

They already did, in 1993's Nixon v. United States.
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shua
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« Reply #3 on: January 18, 2021, 03:05:18 PM »

I have no doubt if such a case was brought to them they'd just rule impeachment a "political question" and remove any jurisdiction over it.

They already did, in 1993's Nixon v. United States.


Yes, it does seem that addressed it. 

but I can imagine at least one hypothetical where they would have to take it up again: If someone was impeached for something that was a part of their religion, due to the "no religious Test" clause.
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brucejoel99
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« Reply #4 on: January 18, 2021, 04:01:13 PM »

I have no doubt if such a case was brought to them they'd just rule impeachment a "political question" and remove any jurisdiction over it.

They already did, in 1993's Nixon v. United States.


Yes, it does seem that addressed it. 

but I can imagine at least one hypothetical where they would have to take it up again: If someone was impeached for something that was a part of their religion, due to the "no religious Test" clause.

Eh, that'd arguably still constitute a nonjusticiable political question, since the Religious Test clause only applies to qualifications for office & conviction in & of itself only removes the impeached official from office as opposed to disqualifying them. Now, if the Senate were to then go ahead & disqualify said individual from holding office again in the future as well, then that'd potentially make for an interesting case, but even then, I don't know if the Court would be all that inclined to take it up.
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« Reply #5 on: January 18, 2021, 11:05:19 PM »

If it was done in a procedurally improper way, yes. If they simply find that the evidence doesn't support the conviction, no. Technically they could, but then they would be in Guardian Council territory.
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