# WV Supreme Court rules that Legislature has exceeded its power to impeach

**URL:** <https://boards.straightdope.com/t/wv-supreme-court-rules-that-legislature-has-exceeded-its-power-to-impeach/822823>\
**Category:** Great Debates\
**Created:** [October 11, 2018, 9:38pm UTC](https://boards.straightdope.com/t/wv-supreme-court-rules-that-legislature-has-exceeded-its-power-to-impeach/822823 "2018-10-11T21:38:06Z")\
**Posts on this page:** 1\
**Page:** 3

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [October 17, 2018, 9:58pm UTC](https://boards.straightdope.com/t/wv-supreme-court-rules-that-legislature-has-exceeded-its-power-to-impeach/822823/41 "2018-10-17T21:58:03Z")

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> [@Richard\_Parker](#):
>
> Wait, do you not? It seems obvious to me that they should be able to review the constitutionality of such an impeachment.

Yes: [Nixon v. United States :: 506 U.S. 224 (1993) :: Justia US Supreme Court Center](https://supreme.justia.com/cases/federal/us/506/224/)

Nixon v. U.S. (1993) (no, not that Nixon)

> [@The Majority](#):
>
> Judicial involvement in impeachment proceedings, even if only for purposes of judicial review, is counterintuitive because it would eviscerate the “important constitutional check” placed on the Judiciary by the Framers. See id., No. 81, at 545. Nixon’s argument would place final reviewing authority with respect to impeachments in the hands of the same body that the impeachment process is meant to regulate.
> 
> Nevertheless, Nixon argues that judicial review is necessary in order to place a check on the Legislature. Nixon fears that if the Senate is given unreviewable authority to interpret the Impeachment Trial Clause, there is a grave risk that the Senate will usurp judicial power. The Framers anticipated this objection and created two constitutional safeguards to keep the Senate in check. The first safeguard is that the whole of the impeachment power is divided between the two legislative bodies, with the House given the right to accuse and the Senate given the right to judge. Id., No. 66, at 446. This split of authority “avoids the inconvenience of making the same persons both accusers and judges; and guards against the danger of persecution from the prevalency of a factious spirit in either of those branches.” The second safeguard is the two-thirds supermajority vote requirement. Hamilton explained that “[a]s the concurrence of two-thirds of the senate will be requisite to a condemnation, the security to innocence, from this additional circumstance, will be as complete as itself can desire.” Ibid.

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