Utah State University House of Representatives Impeaching And Clauses Essay

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Utah State University


Analyze each issue (3 questions across 2 essays) thoroughly. The paper is graded holistically rather than dividing it into equally weighted thirds to avoid poor performance on one question impacting your grade too heavily—but all questions must be addressed. There is no need to come to a definitive answer with respect to these questions—just analyze the issues thoroughly. When applying a multipart analytical framework, it is best to apply that framework in its entirety even if you think one part of the framework settles the issue. Focus on the questions asked and do not address questions that may seem interesting but are not asked. Material not discussed in class or in the assigned readings will not be considered, and you may not consult outside material.

Answers should be written in a separate document and be double spaced with 12 point Times New Roman font. The paper is limited to 6 pages, though that is not to say you will need that much space—just do not go over 6 pages. I recommend typing answers using a free word processing program such as Google Docs, which automatically saves documents to the cloud as you write.

Essay I (Questions 1 and 2)

The House of Representatives impeached then-President Trump for “high crimes and misdemeanors,” with an article of impeachment titled “incitement of insurrection.” President Trump left office on January 20, 2021, and the Senate trial is scheduled to begin February 9, 2021. Assume that before a Senate trial begins, now former President Trump raises two constitutional challenges (1) whether the House impeachment is valid, arguing that “incitement of insurrection” is not a “high crime [or] misdemeanor” as that phrase is used in Article II section 4 and (2) whether a former president can be subject to a Senate impeachment trial. Assume further that the Supreme Court has been asked to address these issues but must first decide if they are nonjusticiable political questions. Separately analyze whether issues (1) and (2) are nonjusticiable political questions under Article III’s Case or Controversy Clause. Do not answer distinct questions such as whether the actions described in (1) and (2) are constitutional. Focus only on whether these issues are nonjusticiable political questions.

Potentially relevant constitutional provisions are as follows: Article I section 2 reads in relevant part: “The House of Representatives...shall have the sole Power of Impeachment.” Article I section 3 reads in relevant part: “The Senate shall have the sole Power to try all Impeachments [and] Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States.” And Article II section 4 reads in relevant part, “The President...shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” Here is the article of impeachment, though there is no need to consider it in order to answer these questions: https://www.congress.gov/117/bills/hres24/BILLS-117hres24ih.pdf.

Essay 2 (Question 3)

Federal law 18 USC § 471 reads, “Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.” Federal law 18 USC § 472 reads, “Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.”

Paul Lennon made one counterfeit $10 bill to purchase several downed tree sticks that were scattered in her neighbor Stevie Buckingham’s yard. Paul said he wanted the sticks to build a small bird house, which he subsequently did and placed in his front yard. Stevie considered the request to purchase these sticks odd since she does not sell sticks or anything else (she’s retired), nobody had ever asked such a question before, she considered the sticks garbage to be collected later and discarded, and Paul had many similar sticks scattered uncollected in his yard. Stevie held onto the bill before discovering it was counterfeit. She turned it over to the local police who in turn sent it to the U.S. Attorney’s Office. After the discovery, Stevie asked Paul for a real $10 bill and Paul obliged. The U.S. Attorney’s Office charged Paul with making one counterfeit $10 bill in violation of 18 USC § 471 and using it to buy Stevie’s sticks in violation of 18 USC § 472. Paul was convicted, fined $10, and sentenced to one year in jail.

Paul is challenging his conviction, arguing that 18 USC § 471 and 18 USC § 472 are unconstitutional as applied to him because he was not engaged in an activity Congress can regulate under the Commerce Clause, which reads in relevant part, “The Congress shall have power To...regulate Commerce...among the several States.” Analyze Paul’s claim. Do not focus on distinct questions such as whether these provisions are constitutional as applied to Paul through some other constitutional provision or whether the provisions are constitutional more broadly as applied to counterfeiters in other factual scenarios. Focus only on whether Paul’s conviction is valid under the Commerce Clause.

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Explanation & Answer

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House Of Representatives Impeaching President Trump And Clauses
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House Of Representatives Impeaching President Trump And Clauses
Essay 1 (Question 1 and 2)
The Supreme Court has played an essential role in articulating multiple lawful doctrines
restricting federal courts from adjudicating certain disputes. According to Article VIII of the
constitution, specific controversies and cases prohibit courts from issuing advisory opinions on
American soil. Notably, the analogy represents ‘justiciability’ or ‘non-justiciability' rooted in
both prudential and constitutional limitations that respect power separation, especially when
determining the role of courts in a democratic society. The primary concept of justiciability
begets the ‘political question’ doctrine that states that federal courts will and cannot adjudicate
specific controversies or cases since the court's resolution is limited adequately within politics
and its branches. Arguably, the doctrine mentioned above affects the separation of power since it
leads to multiple controversies. Besides, a nonjusticiable concept is a narrative within the
constitution where the judiciary or the court of law refuses to adjudicate on cases because the
case or controversy cannot be decided by a court of justice or by legal principles. Thus, this
paper provides a comprehensive analysis of whether question one and two are nonjusticiable
political questions under Article III’s Case or Controversy Clause.
Question One: Whether The House Impeachment Is Valid, Arguing That
“Incitement Of Insurrection” Is Not A “High Crime [Or] Misdemeanor”
The question established above is not a nonjusticiable political question because there are
manageable test standards that recognize the validity of incitement of insurrection within the
constitution. In this regard, the constitutional provision for which the court of law stands for can
develop a coherent guideline within the premises of legal principles associated with the question

above. The grounded matter's structural issue raises a comparative advantage of determining a
trustworthy result about the constitution and the court of law (Choper, 2004). Therefore, the
question above shows a cons...

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