The Third Impeachment Article: Congressional Bootstrapping

American Bar Association Journal, Vol. 60, No. 10, p. 1190, 1974

William & Mary Law School Legal Studies Research Paper No. 09-190

5 Pages Posted: 10 Dec 2011  

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: 1974

Abstract

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.

Keywords: Nixon, Watergate, president, impeachment

Suggested Citation

Van Alstyne, William W., The Third Impeachment Article: Congressional Bootstrapping (1974). American Bar Association Journal, Vol. 60, No. 10, p. 1190, 1974; William & Mary Law School Legal Studies Research Paper No. 09-190. Available at SSRN: https://ssrn.com/abstract=1970317

William W. Van Alstyne (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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