Posted on 02/10/2017 6:59:59 AM PST by tired&retired
Per the Article:
Most everyone assumes that impeachment is the only means of removing federal judges and that the Constitution’s grant of good-behavior tenure is an implicit reference to impeachment. This Article challenges that conventional wisdom. Using evidence from England, the colonies, and the revolutionary state constitutions, the Article demonstrates that at the Founding, good-behavior tenure and impeachment had only the most tenuous of relationships.
The original Constitution did not render impeachment the only possible means of removing federal judges with good-behavior tenure. Given the long tradition of adjudicating misbehavior in the ordinary courts, Congress may enact necessary and proper legislation permitting the removal of federal judges upon a finding of misbehavior in the ordinary courts of law.
(Excerpt) Read more at yalelawjournal.org ...
Ping
Impeachment was thus apparently chosen because it provided greater security for judicial tenure and ensured a trial-type proceeding at which the judge could mount a defense against claims of misbehavior.
And in the closing paragraph:
Prakash and Smith base their revisionist approach on the claim that they have seen the framers’ world more clearly than the framers saw it themselves. We should be skeptical of such a claim, and slow to adopt a reading of the Constitution that would overthrow two hundred years of constitutional tradition. Removing federal judges has long been viewed as a task for the Senate alone, on impeachment by the House, and in the end Prakash and Smith give us little reason to question that view.
In this, more than likely the argument is correct. The Congress needs to review a large number of Federal judges who are making decisions based on political reasons rather than lawful reasons. If so, remove them through the impeachment process.
Treason. Prison.
I have read that Supreme Court Justice Samuel Chase contended that the States were a creation of the Federal government.
I have no skills as a strategerist but I am pretty good at reading people, I have a background in law and psychology.
IMO, Trump is being straight with us. He can’t not be. He doesn’t have it in him to intentionally deceive the American people for his own gain. He wants nothing from us. Recall that he is not only not taking a salary, he is sacrificing I can’t even imagine how much money by letting go of his business interests in order to serve.
He is indeed shrewd and extremely tough, but he has a knack for keeping his eye on the prize. I have to laugh when everyone yammers about how ‘undisciplined’ Trump is. You don’t build a multi billion dollar company via lack of discipline.
He’s badly misunderstood because he’s got some rough edges and he’s a compulsive truth teller. The good hearted among us understand him intuitively. Bad guys don’t get him, they project their bad intentions onto Trump.
I think his most important quality is his capacity for empathy. It runs deep. Next time some nitwit tries to call him a narcissist, be assured he’s not. Narcissists lack empathy (See Obama, Barack). Trump’s got it in spades.
Tar & Feathers worked for our ancestors.
Hey, Alaska’s a nice place. They sure don’t want those 9th Circuit vermin infesting a beautiful state.
How about Guam?
OK; I’ll go for Guam. They can go there.
I know but my guess is few if any will head up that way. Pt Barrow would be even better than Nome IMO but I chose Nome as most don’t have any idea where Barrow is!
I guess at the other end of the spectrum we could send them to Yuma or Nogeles Az. There they could make their immigration decisions looking into the results of those decisions, first hand.
Thanks for posting it.
Take away the jurisdiction of judges found by a majority of Congress to have “exceeded their authority”, “engaged in judicial usurpation” or “violated the constitution in order to achieve political ends”. They can sit there in their empty chambers. Or they can do Indian reservation traffic cases. We’ll let them handle those.
PDF download link : http://www.yalelawjournal.org/pdf/438_q54sjnwz.pdf
Disbarment also works.
*************
NOPE ,, the bar associations exist to deflect any proceedings against a member. The bar associations need to be removed from the judicial process in every state and the federal Government.
“I am pretty good at reading people, I have a background in law and psychology.”
I share these experiences and degrees with you... I read people to the extreme, even beyond what they can do with themselves.
In the past few years I kept getting into situations where I kept encountering aggressive deceitful manipulative people. Each time I would take them on and win.
I noted this pattern in my life and wondered what lesson I needed to learn that these type people kept being encountered. Finally last year I lost one such battle where thankfully the stakes were not very high. It was the experience I needed to learn my life’s lesson.
When I am around people, you can blindfold me and I can still read them in detail by the energy I feel emitting from them. My lesson was that narcissists(people influenced by evil) do not emit any energy. They feel like a piece of furniture is next to you,not a human being.
They are an energy drain. They are very difficult to detect as they are excellent at putting out a facade hiding who they really are that fools your logic, they use surrogates to do their dirty work, and when you start to shine light on them they attack you by scapegoating and having their surrogates blame you for what they themselves are actually doing.
The easiest way to detect an evil person or a narcissist is by the trail of victims they leave behind, which the narcissists proclaims were the perpetrators that they actually protected the organization from.
I agree with you concerning Trump. He has an excellent healthy extended family, one of the best measures of a person’s hidden character. He is so disciplined that he can appear disorganized and confused as part of his organized, disciplined thought process. (Military school was an excellent training experience for him.)
Very few of his employees or business partners have ever claimed that they were mistreated or screwed by him. Even the political hacks that came out against him, claiming mistreatment in their past relationships were proven frauds. He has not left a trail of victims.
In the spiritual realm, ordinary people are confronted by ordinary evil. Extra-ordinary people are confronted by extra-ordinary evil. There are few individuals I have ever observed that have been encountered by as much evil as Trump, but still he hold course. My hat is off to him.
If evil considers a person their opposition, I consider that person my friend. However, spiritually I have also encountered evil imitating goodness in the past, thus I am always cautious.
I’ve found that shining Light on evil will either destroy it or cause it to flee in fear. The same is true of narcissists. Thus, by praying for them and Loving them in a spiritual way, you over power them as they are afraid of you. They are afraid of the Light. I am seeing the same irrational fear in the anti-Trump people that I saw in the ghosts, attached spirits, and demons I have experienced in past spiritual settings. They fled in fear, screaming that the Light would kill them. We are in “Global Warming” and the dark souls are afraid of it. The “Global Warming” is caused by an increase in Divine Energy (Holy Spirit) here on earth that I have never felt in past years. We are in interesting times.
I pray for Trump, but I pray even harder for his enemies in order that the prayers might shine Light upon them and change them. The changing or transmutation process gives off a lot of heat and is the reason that the Bible states, Giving a prayerful blessing to an evil person is like placing hot coals upon their heads. It’s great to see the earth getting hotter.
Hopefully my words don’t make me appear too wacko.... If so, that’s ok too.
Not wacko at all. Inspiring.
You gave me a much needed reminder not to get too sucked into the muck and let it get to me.
I needed to be reminded to spend more time in prayer. Thank you!
It might tip over.
LOL! Who was it who said that? I forget.
Rep Hank Johnson of GA. It was a Democrat, of that you can be certain.
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