Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Impeachment: Always an Option
Wallbuilders ^ | 2002 | David Barton

Posted on 03/24/2005 4:09:38 PM PST by ManHunter

The Founders' intent for impeachment was to protect the fundamental principle of “the consent of the governed.” The Constitution carries no title but “We the People,” and impeachment removes from office those officials who ignore that standard. (Recall that the Constitution does not guarantee a federal judge his position for life, but only for the duration of “good behavior.” Art. III, Sec. 1)

For this reason impeachment was used whenever judges disregarded public interests, affronted the will of the people, or introduced arbitrary power by seizing the role of policy-maker. Previous generations used this tool far more frequently than today's generation; and because the grounds for impeachment were deliberately kept broad, articles of impeachment have described everything from drunkenness and profanity to judicial high-handedness and bribery as reasons for removal from the bench. (Sixty-one federal judges or Supreme Court Justices have been investigated for impeachment, of whom thirteen have been impeached and seven convicted.)

Today's judiciary, not having experienced any serious threat of impeachment as judges in earlier generations, repeatedly flaunts its contempt for the will of the people. It recently has overturned direct elections in Washington, New York, California, Arkansas, Texas, Missouri, etc., simply because it preferred a different outcome. This is not to suggest that the results of all citizen elections are final and infallible, for it is the duty of the Court to protect the Constitution. However, the above elections violated at most the judiciary's ideological leanings rather than any manifest provision of the Constitution (e.g., English as a State's official language, ending government assistance for illegal immigrants, enacting term-limits, prohibiting physician-assisted suicides).

For full text, go to link.

(Excerpt) Read more at wallbuilders.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government
KEYWORDS: davidbarton; impeachment; judges; moneychangerintemple; pharisee; separationofpowers
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-62 next last
To: Made in USA

I do believe you though I don't like it. God Bless America and you and yours.


21 posted on 03/24/2005 5:05:33 PM PST by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: infidel29; JOE43270

Congress can't remove Greer as he is a state judge, not a federal one. It would be up to the Florida legislature to remove him.


22 posted on 03/24/2005 5:09:00 PM PST by COEXERJ145 (Believing in Internet Polls is Like Believing in the Tooth Fairy)
[ Post Reply | Private Reply | To 3 | View Replies]

To: COEXERJ145
That's right, I forgot that one. Insert Florida congress in place of the Feds, and Jeb in place of G.W., the rest of the proposition stays the same.

The feds could do the same to the 11th Circuit court that turned the Schindlers down.

23 posted on 03/24/2005 5:12:13 PM PST by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Servant of the 9
This is not something you do because you are pissed at the verdict in one case, no matter how wrongheaded.

Why should overt corruption have to be present? If I don't do my job, or do it badly, I get fired regardless of whether I'm 'on the take' or not. Why should judges be immune from performance evaluations?

24 posted on 03/24/2005 5:12:22 PM PST by Sloth (I don't post a lot of the threads you read; I make a lot of the threads you read better.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: infidel29

I agree though we can't act like Janet Reno and Billy bob clintoon, like they did in Waco Texas and with that Gonzales boy. That doesn't mean that myself and some others like me that wore a United States uniform of any of the services don't want to go and bring her out. We followed orders and that's about all that holds us back. Terri is a United States and she is being murdered.


25 posted on 03/24/2005 5:12:35 PM PST by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: ManHunter

I agree with you that the Schiavo case is more about judicial abuses of power and attempts by the executive and legislative branches to curb this tyranny. However, impeachment will not work here, there simply isn't enough time to impeach Greer, and even if they could, the state appellate courts would still retain jurisdiction. The best solution here is for Jeb Bush to exert is constitutional powers to defend a human life.


26 posted on 03/24/2005 5:13:42 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Servant of the 9

Perhaps if the "Governed" are so outraged by Terri Schiavo's case, they should petition the Florida legislature to change the law which Judge Greer has no choice but to follow.


27 posted on 03/24/2005 5:14:12 PM PST by SedVictaCatoni (<><)
[ Post Reply | Private Reply | To 20 | View Replies]

To: sinkspur

What do you think, could this qualify?


28 posted on 03/24/2005 5:15:18 PM PST by Howlin
[ Post Reply | Private Reply | To 24 | View Replies]

To: JOE43270

Thank you for your service, I have several friends in the various branches. I haven't heard from some of them in a while and I pray for their well being always.


29 posted on 03/24/2005 5:17:40 PM PST by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
[ Post Reply | Private Reply | To 25 | View Replies]

To: ManHunter

Yea, what you said....


30 posted on 03/24/2005 5:18:52 PM PST by artifax
[ Post Reply | Private Reply | To 13 | View Replies]

To: DelaWhere
Isn't the Honorable Judge Greer a Florida State judge? I don't think that US Constitutional impeachment applies to him. However the people of Florida could probably vote him out of office. Like CA did to Rose Bird.

I could be wrong, I have been wrong before.

Bonehead

31 posted on 03/24/2005 5:19:40 PM PST by BoneHead
[ Post Reply | Private Reply | To 14 | View Replies]

To: COEXERJ145

Yes, you are exactly right though these judges state or federal are getting out of line. This comes down from the supreme court down to the lowliest of them all. They are using everything to do their judging except the United States Constitution and all it Amendents.


32 posted on 03/24/2005 5:20:10 PM PST by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: ManHunter

Judge Greer has overstepped his power like almost every judge.
He could be impeached for that or no reason at all.

Governor Bush could rescue Terri and be impeached as well.

BUT THERE ARE NOT THE VOTES TO IMPEACH EITHER OF THEM.

So why not go for it?


33 posted on 03/24/2005 5:20:51 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ManHunter

Impeachment - it's not just for the judiciary.

Thanks for the linkage, Man.


34 posted on 03/24/2005 5:24:09 PM PST by lodwick (Integrity has no need of rules. Albert Camus)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Servant of the 9
Archon,

Answer one thing for me. If one cedes to you that the judiciary followed the law as they see it, does it matter to you how this woman dies? That is to say, it is ok with you that we are dehydrating her unto death? You good with that?

35 posted on 03/24/2005 5:25:38 PM PST by Texas Songwriter (.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: infidel29
" Stop fearing retribution from the left and start to consider their own political mortality."

I don't think they fear so much as they mostly agree with the left. You can see it through some here. Supporting this state imposed death sentence. Ignoring our most fundamental right and the Constitution. The supreme law of the land.

36 posted on 03/24/2005 5:29:31 PM PST by monkeywrench
[ Post Reply | Private Reply | To 18 | View Replies]

To: Sloth; Howlin
Why should judges be immune from performance evaluations?

Florida Circuit judges ARE subject to performance evaluations. They have to run for election, every four years.

Greer was re-elected overwhelmingly, in 2004.

37 posted on 03/24/2005 5:32:14 PM PST by sinkspur ("Preach the gospel. If necessary, use words.")
[ Post Reply | Private Reply | To 24 | View Replies]

To: sinkspur

70 percent.


38 posted on 03/24/2005 5:34:09 PM PST by Howlin
[ Post Reply | Private Reply | To 37 | View Replies]

To: ManHunter
"a federal v. states rights issue, but rather a struggle between the executive and legislative branches and the judicial."

It's those issues and many political ones. I think the politics are going to have to work through on this however.

I'd like to see a judge impeached for his rulings, just because it hasn't been done doesn't mean it can't or shouldn't be done. In fact I think it would be good for the country and the Constitution (it would reinstall some of the discipline on the courts that was removed by the 17th Amendment).

39 posted on 03/24/2005 5:43:36 PM PST by mrsmith
[ Post Reply | Private Reply | To 1 | View Replies]

To: UnbelievingScumOnTheOtherSide

As has been stated above, the US Congress cannot impeach Greer, who is an elected State Superior Court Judge. Congress can, however, declare him in contempt of Congress and compel him to appear before a joint hearing to explain why he completely disregarded Congress's intent when it subpoenaed Terri Schiavo.

Judge Whittemore, however, is a different story. Whittemore is a Federal judge, who can be impeached by Congress. The limitations on impeachment and the reasons therefore are virtually non-existent; "bad behavior" can be interpreted in many different ways. I don't think there is sufficient support in the House to impeach Whittemore, but I do believe that the debate over the bill of impeachment would get his attention and that of a number of Federal judges.


40 posted on 03/24/2005 5:53:05 PM PST by ManHunter (You can run, but you'll only die tired...)
[ Post Reply | Private Reply | To 33 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-62 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson