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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-740
- --------
- WALTER L. NIXON, PETITIONER v. UNITED
- STATES et al.
- on writ of certiorari to the united states court
- of appeals for the district of columbia circuit
- [January 13, 1993]
-
- Justice Stevens, concurring.
- For me, the debate about the strength of the inferences
- to be drawn from the use of the words -sole- and -try- is
- far less significant than the central fact that the Framers
- decided to assign the impeachment power to the Legisla-
- tive Branch. The disposition of the impeachment of
- Samuel Chase in 1805 demonstrated that the Senate is
- fully conscious of the profound importance of that assign-
- ment, and nothing in the subsequent history of the
- Senate's exercise of this extraordinary power suggests
- otherwise. See generally 3 A. Beveridge, The Life of John
- Marshall 169-222 (1919); W. Rehnquist, Grand Inquests
- 275-278 (1992). Respect for a coordinate Branch of the
- Government forecloses any assumption that improbable
- hypotheticals like those mentioned by Justice White and
- Justice Souter will ever occur. Accordingly, the wise
- policy of judicial restraint, coupled with the potential
- anomalies associated with a contrary view, see ante at
- 9-12, provide a sufficient justification for my agreement
- with the views of The Chief Justice.
-