Category: J

  • Judgment

    Judgment-Removal and Disqualification (Impeachment)Article II, section 4 provides that officers impeached and convicted "shall be removed from office"; Article I, section 3, clause 7 provides further that "judgment in cases of impeachment shall not extend further than to removal from …

  • Judicial Appointments

    Judicial Appointments (Presidential Duties and Powers)Federal judges clearly fall within the terms of the Recess Appointments Clause. But, unlike with other offices, a problem exists. Article III judges are appointed "during good behavior," subject only to removal through impeachment. A ju…

  • Judicial Review of Impeachments

    Judicial Review of ImpeachmentsIt was long assumed that no judicial review of the impeachment process was possible, that impeachment presents a true "political question" case, i.e., that the Constitution's conferral on the Senate of the "sole" power to try impeachments is a t…

  • Judicial Enforcement

    Judicial EnforcementThe difficulty for the Court in policing the separation of powers lies in its efforts to both maintain the theoretical separation of branches while accommodating the practical need for some intermixture of governmental functions.1 …