Posted on 03/04/2005 1:54:01 PM PST by Pendragon_6
Dont you ever know that Judges tend to quote case law (i.e Doe vs Smith) rather than the law legislated by Congress..
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They tend to do that -- but they have been citing things which ARE NOT EVEN AMERICAN upon which they are stating rulings and opinions....this case is JUST ONE in point.
Earlier this week, I asked the students in a high school class what remedies there were for their indefenisble conduct - looking, of course, for the "I" word. One of the students offered his solution by reminding me that they were all under 18! 'Nuf said!
Don't you think that, since Congress will not make regulations governing the appellate jurisdiction of the Supreme Court by simple majority vote, as they are empowered to do in Article III, section 2, that it might be a wee bit difficult to find a 2/3 vote for removal of Associate Justices?
Impeachment is unnecessary. Congress can eliminate all of these problems by regulation, passed by simple majority vote and not subject to Presidential veto.
They do not do so because they agree with most of what the Court has done, and would not want it undone.
They dread the return of domestic relations issues to their jurisdiction, and will do anything they can to keep these issues before the Court, rather than in Congress where decisions they might make jeopardize the best job any of them ever will have.
Impeachment, nullification, interposition, and the use of Article III, Sec. 2 of the Constitution all need to be considered.
We need to hold these officials accountable through impeachment, recall, nullification, interposition and arrest where necessary.
I am so seek of this endless deference to judicial tyranny. The nebulous references to "growing national consensus" and citations of "international law" are just too much to countenance. What does it take to make 5 of these justices cognizant of the fact that their authority to preside originates in the US CONSTITUTION?
When oh when will some elected executive officer in some state or federal capacity, in fulfilling his constitutional duty to honestly interpet the constitution (federal or state) just disregard the unconstitutional rulings of any court and dare the legislature to impeach him for it? When will some legislature impeach just ONE judge for an unconstitutional ruling?
To say that the courts have the final word on the constitutionality of a law NO MATTER WHAT THEY RULE is to say that the system of checks and balances envisioned by the founders does not exist any more.
Alan Keyes gave the best summation of this issue that I've heard yet. He said that every branch of government has a duty to honestly interpret the constitution. If the president honestly feels the courts make an unconstitutional and lawless ruling, then the president should disregard that ruling and refuse to enforce the provisions that he felt were blatantly unconstitutional. If the Congress felt the president was wrong in this decision, then it was their duty to impeach him for it. If the electorate felt that the Congress was wrong for impeaching the president or the failure to impeach him, they can remove them at the next election, as well as the president for any presidential actions that they considered wrongful. Congress can and should impeach federal judges for blatently unconstitutional rulings that manufacture law.
Lest anyone consider this formula has a recipe for chaos, then I submit to you there is no chaos worse than an unchecked oligarchic Judiciary. We are not living under the rule of law when judges make law up to suit their whims has they engage in objective based adjudication.
I hope you are not accusng me.
I merely am pointing out that the People have delegated the power to put a stop to this to the representatives in Congress assembled, and that the People have so far failed to elect representatives who will act at the 51% level, so that exhorting them to take action at the 67% level is mere rhetoric.
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