Posted on 03/02/2005 2:55:26 PM PST by Road Warrior ‘04
Not sure if this question should be posted as vanity, but here it is:
Constitutional scholars and lawyers: If Supreme Court Justices cite International Law to come to a decision, as they did in the death penalty for minors case, can the justice(s) citing international law and custom and not our Constitution be impeached and removed from the high court for delving outside of our Constituion?
They could be, if we had representative of the people in Congress, but unfortunately, all we have is a bunch of sackless wimps, thieves and commies.
Article III, Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Wouldn't it be more reasonable to look at what was considered the norm (and therefore presumably not creuel and unusual) in the Founders' day? I mean, after all, that's what will tell us what they meant by the phrase.
Oh, I think Congress has plenty of nerve, and plenty of good judgment.
The problem is, the congressmen with the nerve lack the judgment, and those with the judgment lack the nerve.
- Supreme Court Justice Samuel Chase, 1805: Chase was charged with eight articles of impeachment See link in my earlier post.
No, looking at other countries law is not what a judge should do.One of these judges pointed out that was what Thomas Jefferson did. I say yes, he was a law maker not a judge!
But since we're talking about the impeachment of SC judges, shouldn't the CJ have to recuse himself as too close to the "defendant"? Who presides if it's the CJ himself that's being impeached?
Though isn't that regarded as one of Jefferson's worst moments?
So who gets to decide what is REASONABLE? Can the SCOTUS look to the Religion of Islam to decide whether or not the 10 commandments can be displayed in public areas? How about looking to Saudia Arabia and most of the Middle East to decide women's rights?
One could go on and on and on, but to source foriegn law, customs and practices CHERRY PICKING STYLE is ridiculous and not adhering to the US CONSTITUTION which is the only SOURCE they should use.
I think they SHOULD BE. Like I said in a previous post, Congress should use its impeachment powers when federal officials are not following their constitutional Oaths or are not behaving themselves--& impeachment does not apply to the President only. They have sworn an Oath to follow our Constitution; to hell w/ "international law" & the laws of other countries! America is (still) a SOVEREIGN NATION, althought that is slowly being whittled away at.
We couldn't even impeach an intern-sucking President who lied under oath to a Grand Jury. How could we ever impeach a Supreme Court Justice who's biggest crime was using inappropriate sources as the basis of his/her decisions. I understand all of the issues here and I WISH we could remove them for this, but the reality is that we cannot.
I don't know about impeachment BUT the Congress SHOULD have at least super majority veto power over the SCOTUS.
The courts and specifically this court has long been out of control and is getting worse every day
If we are going to have the death penalty, and I think we should, then use it. Cruel and unusual punishment is what the murderers do to their victims!
As we discovered with Pres. Clinton, the Senate will not play ball. An impeachment requires 2/3 doesn't it?
Wel, according the Constitution (Article II, Sec. 4) says "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
(Sitting judges are considered civil officers of the United States.)
The question then is, is "...citing international law and custom and not our Constitution" either a high Crime or Misdemeanor?
"I am neither a scholar nor a lawyer but common sense tells me that when one takes an oath to uphold the US Constitution and then uses foriegn laws, customs and practices as a SOURCE for any decision rather than the US Constitution, and customs laws and practices of THIS nation, they are open for Impeachment.
If I am wrong then their oath is meaningless."
You're exactly right. They swore an oath to uphold the U.S. Consitution. Instead they bowed to the wimps in Europe who would do anything in their power to weaken the social and moral foundations of America. They should be impeached.
.
This is another ditch to avoid. If "radical" Islam becomes the majority of the world...does it become "normal" to shoot women in the head publically for not being faithful? Or stone folks to death? What about countries where it is NOW normal for thieves to have their hands chopped off? Should we consider that?
We(our Founders, THIS country) fought for independence for many reasons and against more than one enemy to get away from bad law then. Why should we even glance at their law(or lack of it) now?
Dear verity,
Well, in the case of the presidency, it almost was.
President Andrew Johnson was impeached by the House of Representatives and came within one vote of being convicted in the Senate basically for having fired a member of his Cabinet.
sitetest
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