walter l. nixon v. united states brief

walter l. nixon v. united states brief - and was it right...

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Courtney Smith James Hemple Randy DeJesus Professor King Con Law 4200 10/2/10 Walter L. Nixon v. United States Facts: Walter L. Nixon v. United States (January 13, 1993) was based off of Walter Nixon, a former chief judge of the federal district court for southern Mississippi. He was tried and convicted by a jury of two counts making false statements before a federal grand jury and sentenced to prison. Nixon was accepting money from a friend in exchange for seeking to halt the federal prosecution of his friend’s son. Since Nixon refused to resign from his judgeship and still got his judicial salary while he was in prison, the House of Representatives adopted three articles of impeachment. Issues: Did the House make a proper decision to impeach Nixon? Was it constitutional
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Unformatted text preview: and was it right for judicial resolution? Yes, Yes & No. Reasoning: Yes, the House did make a good decision to impeach Nixon. What he was doing was clearly unconstitutional and broke the law. The Impeachment Clause approved sole authority over impeachments to the Senate, and did not require or provide a means of judicial review. Holding: The courts ruling on this case was unanimous. After a federal district and appellate court rejected his claim as nonjusticiable, Nixon appealed to the Supreme Court. The senate shall have sole power to try all Impeachments. No person shall be Courtney Smith James Hemple Randy DeJesus Professor King Con Law 4200 10/2/10 convicted without the concurrence of two-thirds of the members present....
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This note was uploaded on 04/19/2011 for the course PSCI 4200 taught by Professor Kimmyking during the Fall '10 term at North Texas.

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walter l. nixon v. united states brief - and was it right...

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