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1 posted on 03/02/2005 2:55:27 PM PST by Road Warrior ‘04
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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
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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])
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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.)
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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.)
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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)
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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
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To: Bushbacker1; Dog Gone; Dark Wing
Judges can be impeached for most any reason, but if you want them to be impeached specifically for relying on foreign authority, you'll need a new congressional statute to that effect. Right now there isn't one, though perhaps there should be. It would go something like:

No foreign decision, statute or precedent of any sort may be cited in any way, shape or form in rulings pertaining to the Constitutionality of any criminal statute or practice of the United States or any state. Violation of this statute by a judicial officer of the United States shall constitute an impeachable offense.

It has to be limited to criminal statutes because foreign precedents have been cited as authority in civil cases for as long as the United States has existed, particularly in commercial cases and admiralty/maritime law. I recommend the specific reference to impeachable offense to remove any doubt about the potential penalty.

Such a new law would have major separation of powers problems, but the Supreme Court doesn't hesitate to usurp the powers of the legislative and executive branches so tough. Impeach judges for violating it and they'll get the idea.

61 posted on 03/02/2005 3:35:18 PM PST by Thud
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To: Bushbacker1
Probably not. The justices are not even required to disclose the rationale behind their decisions, so I doubt they can be impeached if they do.

The danger in any republican form of government is that you must trust your leaders to be moral people. The federal courts have increasingly become mere political tools, and it appears the edifice of the High Court itself may be cracked. In fact, judging by the Berger and Warren courts, there's little doubt.

64 posted on 03/02/2005 3:37:11 PM PST by IronJack
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To: Bushbacker1

Maybe a process outside our Constitution can be used to remove Supreme Court justices.


65 posted on 03/02/2005 3:38:21 PM PST by nosofar
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To: Bushbacker1

I wonder if Justice Kennedy will look to the international communtiy when determining if displays of the 10 commandments are unconstitutional?


70 posted on 03/02/2005 3:45:20 PM PST by hope
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To: Bushbacker1

bump


74 posted on 03/02/2005 3:52:30 PM PST by Rakkasan1 (Keep capitol punishment safe,legal , and rare...shoot the perp in the head.)
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To: Bushbacker1

Yes, they can. Will they? Hah!


76 posted on 03/02/2005 3:53:37 PM PST by petitfour
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To: Bushbacker1

I'm for impeachment.


78 posted on 03/02/2005 3:55:15 PM PST by Brilliant
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To: Bushbacker1

I take it the Liberal Judges are going to hang on till 2008, and not retire.


81 posted on 03/02/2005 3:56:30 PM PST by agincourt1415 (4 More Years of NEW SHERIFF IN TOWN!)
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To: Bushbacker1
Yes. The impeachment of a judge can be done because the Constitution says they serve during good behavior. If the Senate believes their behavior is not good they can be removed. Since they have decided they support foreign law more that the Constitution they should be removed by the Senate. It is my humble opinion that they are not on their good behavior.
87 posted on 03/02/2005 4:02:27 PM PST by YOUGOTIT
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To: Bushbacker1

If we are that serious about impeachment of Supreme Court Justice Kennedy, then I say lets bomb our Reps with emails in our States and put alot of pressure on them....Emails should be sent to Rush and Sean Hannity, to see if they would help us get the project started, and then hopefully, the bias media will pick up on it and have a blurp on it, just enough to get the rest of the people knowing what is going on, and just maybe, cross your fingers, maybe this would work....we can only give it a try....


89 posted on 03/02/2005 4:04:41 PM PST by HarleyLady27 (Prayers ease the heavy burdens of the living....)
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To: Bushbacker1

"..justice(s) citing international law and custom and not our Constitution.."

This Nation became a, and then, 'the' World leader by following our own noses AND The Constitution by leaders who stuck to those principles, and NOT international law or customs. Is America a follower or a Leader.. I say we are the leaders of the free world and maybe if the international community sees fit, let them follow our lead. That's their choice. But not the other way around.

We need to stick to uncompromisable principles (Bedrock of our Foundation) that don't waiver under pressure, sentiment, can be bought, or looks to see which way the wind is blowing. The Constitution is 'that' set of principles (Laws). Any Judge that cites 'other' laws, outside the Constitution for making decisions is impeachable, IMO.


93 posted on 03/02/2005 4:09:31 PM PST by SeaBiscuit (God Bless all who defend America and the rest can go to hell.)
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To: Bushbacker1
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?

Yes. But first they need to be something to be impeached for. And this ain't it.

97 posted on 03/02/2005 4:26:35 PM PST by Non-Sequitur
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To: Bushbacker1

This decision uses the 'cruel and unusual' wording. It is a stretch, but it is the way the actual words of the Constitution are often stretched to cover a situation that was just about obviously not the intent of the Constitution.


104 posted on 03/02/2005 4:42:40 PM PST by RightWhale (Please correct if cosmic balance requires.)
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To: Bushbacker1

As a practical matter, we don't have enough senators.

In order to successfully impeach a Supreme Court justice--and certainly several of them deserve to be impeached--you would need two things: widespread popular support among the voting public, and a 2/3 majority in the Senate.

At the moment we have neither, and with the news media 95% liberal it may be hard to get the requisite popular support.


106 posted on 03/02/2005 4:45:54 PM PST by Cicero (Marcus Tullius)
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