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Impeachment Of Supreme Court Justice(s)?
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?
TOPICS: Your Opinion/Questions
KEYWORDS: deathpenalty; impeachment; ruling; supremecourt
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To: Johnny Crab
Missed the question....Sure, IMPEACH 'EM NOW. Congresscritters ain't got the backbone to do it.
41
posted on
03/02/2005 3:13:59 PM PST
by
Johnny Crab
(Always thankful.)
To: Bushbacker1; sure_fine
They should be stood against a wall, and ...
42
posted on
03/02/2005 3:14:40 PM PST
by
7.62 x 51mm
(• Veni • Vidi • Vino • Visa • "I came, I saw, I drank wine, I shopped")
To: Borges
I believe that you are right.
43
posted on
03/02/2005 3:14:59 PM PST
by
bill1952
("All that we do is done with an eye towards something else.")
To: OK
No, no, no! We have a Constitution and the Rule of Law. At least we used to!
44
posted on
03/02/2005 3:17:52 PM PST
by
mtnwmn
To: Bushbacker1
I'm sorry, but in the infamous case of Buckwheat vs. Watermelon the SCOTUS ruled 5 to 4, citing case law from Uganda, such actions are Unconstitutional. (smile)
45
posted on
03/02/2005 3:18:13 PM PST
by
TheHound
To: Bushbacker1
Here is a bit of news. Tom Feeney (R) Fl is introducing HR 96 that says in part that the Justices of the Supreme Court are NOT allowed to use FORIEGN LAWS and SOURCES in whole or in part in their decisions.
"Paraphrasing of course."
46
posted on
03/02/2005 3:19:33 PM PST
by
PISANO
(We will not tire......We will not falter.......We will NOT FAIL!!! .........GW Bush [Oct 2001])
To: PISANO
Woo hoo! They probably take him out and shoot him (legally permissible for defiance of the dictator in many African countries).
47
posted on
03/02/2005 3:21:25 PM PST
by
Still Thinking
(Disregard the law of unintended consequences at your own risk.)
To: MarylandPines
48
posted on
03/02/2005 3:22:09 PM PST
by
LowInMo
("The tree of liberty must occasionally be watered with the blood of tyrants and patriots."---Thomas)
To: bill1952
"...Chase was charged with eight articles of impeachment, arising out of conduct that allegedly occurred while he served as a District Court judge, in cases in Pennsylvania, Maryland, and Virginia...."
I stand by my remark because the alleged conduct occurred BEFORE he became a Justice of the SCOTUS.
49
posted on
03/02/2005 3:22:14 PM PST
by
verity
(The Liberal Media is America's Enemy)
To: Bushbacker1
If they weren't deciding such important issues, Scalia et al. should write their opinions as "Well, they do it like so and so in Europe, so we'll assume that the correct course is the OPPOSITE..."!
50
posted on
03/02/2005 3:23:12 PM PST
by
Still Thinking
(Disregard the law of unintended consequences at your own risk.)
To: OK
No, no, no! We have a Constitution and the Rule of Law. At least we used to!
51
posted on
03/02/2005 3:23:12 PM PST
by
mtnwmn
To: Bushbacker1
I am not a lawyer. My only claim to scholarship is I know how to point and click and turn an occasional book page.
I have not read the opinion. But . . .
I would say, "no," they cannot be impeached for "citing international law and custom and not our Constitution be impeached and removed from the high court for delving outside of our Constituion."
From what I have heard and read, the reference is made as "dictum", as a judge's "expression of opinion on a point other than the precise issue involved in determining a case" (Webster's definition)
In other words, reference to outside facts and practices sheds light on the judge's reasoning and is not binding in any way.
We may not like it, but in this instance, I do not think Kennedy did something he could not do.
52
posted on
03/02/2005 3:23:59 PM PST
by
Racehorse
(Where your treasure is, there will your heart be also.)
To: Bushbacker1
Hey come on... The current Committee Chairman of the Senate Judiciary Committee referred to Scottish Law during the impeachment of Clinton
53
posted on
03/02/2005 3:24:49 PM PST
by
So Cal Rocket
(Proud Member: Internet Pajama Wearers for Truth)
To: CondorFlight
Kennedy, Kerry, Schumer, the hildabeast, Robert KKK Byrd, Harkin, Leahy, Rockeffeller, Boxer, Reid, and several other leftist rat Senators would filibuster, and of course throw in jumping Jim Jeffords (VT)would go absolutely ballistic.
These same rats will filibuster when GWB gets to make his first nominee to the Court.
The ultra socialists want our freedom to govern to go down and be part of the "World Community".
54
posted on
03/02/2005 3:25:47 PM PST
by
oldtimer
To: verity
But he was impeached while he WAS a supreme, so the question of whether or not a precedent was ever set regarding the impeachment of a sitting Supreme Court Judge is still yes.
55
posted on
03/02/2005 3:27:09 PM PST
by
bill1952
("All that we do is done with an eye towards something else.")
To: Spiff
According to Title 28, Chapter I, Part 453 of the United States Code, each Supreme Court Justice takes the following oath: "I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.''
Kennedy and the four other totalitarians didn't commit a crime, however they did violate their oaths of office.
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.
I don't think there is anyone who could legitimately argue that deliberately violating the oath of office constitutes "good Behaviour". Even if an impeachment attempt were to fail, a very powerful message would be sent. Congress has both the duty and the obligation to protect the constitution, and impeachment is a legitimate means to that end.
56
posted on
03/02/2005 3:28:15 PM PST
by
rottndog
(WOOF!!!!)
To: Bushbacker1
Is rape considered a high crime or misdemeanor?
Most of them have been raping the constitution and lady justice since the 1940's.
57
posted on
03/02/2005 3:30:03 PM PST
by
yarddog
To: bill1952
Do we have to get in a pissing contest because, like Clinton, you want to debate the meaning of "is?"
58
posted on
03/02/2005 3:31:23 PM PST
by
verity
(The Liberal Media is America's Enemy)
To: Still Thinking
"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? This happened, I think, in New Hampshire a few years ago. I think the legislature appointed an independent tribunal.
59
posted on
03/02/2005 3:31:50 PM PST
by
Fido969
To: yankeedame
The question then is, is "...citing international law and custom and not our Constitution" either a high Crime or Misdemeanor?It is if you have sworn to protect and defend our constitution, and then seek other sources to undermine the same constitution, and then declaring that constitution to be unconstitutional.
60
posted on
03/02/2005 3:32:18 PM PST
by
Phrostie
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