摘要：This article argues that the Chief Justice is considered part of the legislative branch during presidential impeachment trials. In so arguing, this article first argues, as a matter of constitutional text, that the Chief Justice during presidential impeachment trials steps into the shoes of the president of the Senate. The Chief Justice’s authority in this vein is granted by Article I, which predominantly governs the legislative branch, and not Article III, which does the same for the federal judiciary. Indeed, the only reference to the Chief Justice in the entirety of the Constitution occurs in this context in Article I. In his role as presiding officer, the Chief Justice has power only under this article to fall back on. The Chief Justice carries with him no residual Article III authority; he exercises no power of judicial review. Second, the Chief Justice is part of the legislative branch during presidential impeachment powers because impeachment is not listed among the aspects of judicial branch power under Article III. Quite simply, as a matter of text, the judicial branch – as opposed to the Chief Justice in a legislative branch capacity – is in no way part of the impeachment process. A third textual provision reaffirms this view, Article I grants the Senate “the sole Power to try all impeachments,” which poses a major obstacle to the view that the Chief Justice is always in the judicial branch. How could the Chief Justice – as presiding officer of the Senate during presidential impeachment trials – not be considered part of the Senate given the upper chamber’s exclusive authority to try all impeachments? To view him otherwise is to contradict the constitutional mandate that the Senate alone carries out this duty. Fourth, a broader structural feature is also at play that further reinforces the view that the Chief Justice is part of the legislative branch during presidential impeachment trials. It has long been established that the judicial branch may not have its final determinations appealed to the other branches. The Supreme Court held that “invalidation of final [judicial] judgements [is] . . . categorically unconstitutional.” Yet, as presiding officer of the Senate, any rulings by the Chief Justice may be (and indeed have been) overridden by the Senate. Fifth, these textual and structural factors are enhanced by custom and practical considerations. For example, the Chief Justice like the Vice President in more commonplace settings
关键词：chief justice; supreme court; legislative branch; federal judiciary; presidential impeachment
