Legal Opinion

Waggoner v. Hastings

District Court, S.D. Florida

Decided March 23, 1993No. 92-7284-CIV-NCRPublished

1Opinion of the Court

MODIFIED ORDER

ROETTGER, Chief Judge.

The precise question framed in this fascinating constitutional case has never been raised in the history of the Republic.

In short, it results from the unique situation of Defendant, Alcee Hastings, who was convicted of impeachment and removed by the Senate from the office of United States District Judge for this district in 1989, and was recently elected on November 3,1992, to the 23rd Congressional District in the State of Florida. 1

The precise language at issue is from Article I, Section 3, Clause 7, of the United States Constitution, as follows:

Judgment…

2Cases cited4 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. Nixon v. United StatesSupreme Court of the United States · 1993
  3. Blackshear Residents Organization v. George Romney, Secretary, U. S. Department of Housing and Urban DevelopmentCourt of Appeals for the Fifth Circuit · 1973
  4. Hastings v. United StatesDistrict Court, District of Columbia · 1992

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