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To: Blurblogger

Bump


5 posted on 03/31/2005 7:05:17 AM PST by PilloryHillary (Can vegetarians eat animal crackers?)
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To: PilloryHillary

Another suggestion to prevent "Persistent Judicial Vegetative Syndrome":

The Responsive Federal Judiciary Amendment

WHEREAS, especially at the federal level, we have seen all too many judges acting like little gods or at least absolute monarchs unbound by precedent, the plain language of the Constitution or statute, or indeed, much of anything but their own preferences,

WHEREAS, America was formed in order to throw off the shackles of absolute monarchs and will not tolerate their rule in any guise,

BE IT ENACTED BY THE CONGRESS ELECTED BY THE PEOPLE OF THE UNITED STATES OF AMERICA, AND PRESENTED TO THE LEGISLATURES OF THE SEVERAL STATES FOR RATIFICATION:

1. That the term of appointments of Federal Judges provided in Article III is hereby changed from "life or good behavior" to "not more than fifteen (15) years or good behavior".

2. [Option 1] This amendment shall not apply to the terms of Article III judges confirmed in their office [1a] at the time of the passage of this amendment by Congress [or] [1b] at the ratification of this amendment by the several States.

[Option 2] This amendment shall apply to limit the additional time in office of any Article III judge serving [2a] at the time of the passage of this amendment by Congress [or] [2b] at the ratification of this amendment by the several States, to fifteen years in that office from that said date.

[Option 3- the 'Nuclear Option'] Any Article III judge who, at the time of the ratification of this amendment by the several states, has served fifteen (15) or more years in that office, shall serve no more than one(1) year after the ratification of this amendment by the several States. [might create a logjam of confirmation proceedings in the Senate, use 2 years instead?] Any other Article III judge who is serving as such at the time of the ratification of this amendment by the several states, shall serve no more than the prescribed fifteen years from the date of their original confirmation. To the extent that this amendment might be inconsistent with the language prohibiting ex post facto laws, the latter language is amended to the extent inconsistent with this proposed amendment. [This last sentence might be unnecessary, I presume a later constitutional amendment overrides all existing inconsistent constitutional language by implication, e.g. 13th Amendment overrode all prior language regarding slavery by implication.]

3. Congress shall have the power to implement this amendment by all necessary legislation.


7 posted on 03/31/2005 7:35:22 AM PST by Rasker
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