The Third Impeachment Article: Congressional Bootstrapping
William W. Van Alstyne
William & Mary Law School
American Bar Association Journal, Vol. 60, No. 10, p. 1190, 1974
William & Mary Law School Legal Studies Research Paper No. 09-190
Despite popular opinion at the time, this article argues that Congress did not have the authority to decide the constitutionality of President Nixon's actions under the third article of impeachment raised against him, which regarded his rejection of the subpoenas issued by the House Judiciary Committee. This paper reasons that to hold otherwise effectively allows Congress to use the impeachment power as a means to define the limits of the Executory Branch in whatever way Congress sees fit.
Number of Pages in PDF File: 5
Keywords: Nixon, Watergate, president, impeachmentAccepted Paper Series
Date posted: December 10, 2011
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