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  1. #1

    Question Impeachment and Rights to Appeal

    I read that senators are going to vote on whether to impeach governor Rod Blagovich. if they all vote to impeach him, does rod Blagovich have a right to appeal and can he appeal in a court rather than to senators? or if he can't appeal, can he go to court to get his job back?

  2. #2
    Join Date
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    Default Re: Rod Blagovich Impeachment, Right of Appeal

    As long as proper procedures are followed - and the required procedures are very basic - I doubt it. It's a constitutionally defined process.
    Quote Quoting Illinois Constitution, Article IV, Impeachment
    The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law.

  3. #3
    Join Date
    Aug 2007
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    Default Re: Rod Blagovich Impeachment, Right of Appeal

    Quote Quoting tim987
    View Post
    I read that senators are going to vote on whether to impeach governor Rod Blagovich. if they all vote to impeach him, does rod Blagovich have a right to appeal and can he appeal in a court rather than to senators? or if he can't appeal, can he go to court to get his job back?

    Here is an old article on federal impeachments:

    Appeal Court Upholds Ex-Judge's Conviction

    Published: July 10, 1991

    A Federal appeals court upheld the Senate's impeachment conviction of former Federal District Judge Walter L. Nixon Jr. today, rejecting his effort to gain reinstatement.

    Mr. Nixon, of Mississippi, was convicted by the Senate in November 1989 of lying to a grand jury. He contended that the Senate had failed to give him a full hearing.

    The matter was rejected by a lower court, and a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit agreed on the ground that "his claim was nonjusticiable," meaning it was not an issue that could be tried in a court.



    http://query.nytimes.com/gst/fullpag...54C0A967958260


    It would be interesting though to be able to locate the original complaint/petition to read it!

  4. #4
    Join Date
    Aug 2007
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    Default Re: Rod Blagovich Impeachment, Right of Appeal

    Oh, here is the US SC ruling on the appeal, it makes for some interesting reading:


    Syllabus, in part:

    Held: Nixon's claim that Senate Rule XI violates the Impeachment Trial Clause is nonjusticiable. Pp. 228-238.

    (a) A controversy is nonjusticiable where there is "a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it .... " Baker v. Carr, 369 U. S. 186, 217. These two concepts are not completely separate; the lack of judicially manageable standards may strengthen the conclusion that there is a textually demonstrable commitment to a coordinate branch. Pp. 228-229.



    http://supreme.justia.com/us/506/224/case.html

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