Unconstitutional Bills of Attainder or Valid Impeachment Convictions?: The Walter Nixon and Alcee Hastings Impeachment Cases

Victor Williams, The Catholic University of America, Columbus School of Law


This Article develops an original theory of constitutional adjudication that could have determined the justiciability question; this theory was not raised by the parties in either case, nor was this theory raised by the courts or the various commentators. This Article's central construct concerns the striking textual conflict between the Constitution's Bill of Attainder Clause and the Senate's Rule XI evidence committee process.