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 ...
I do believe you though I don't like it. God Bless America and you and yours.
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.
The feds could do the same to the 11th Circuit court that turned the Schindlers down.
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?
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.
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.
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.
What do you think, could this qualify?
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.
Yea, what you said....
I could be wrong, I have been wrong before.
Bonehead
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.
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?
Impeachment - it's not just for the judiciary.
Thanks for the linkage, Man.
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?
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.
Florida Circuit judges ARE subject to performance evaluations. They have to run for election, every four years.
Greer was re-elected overwhelmingly, in 2004.
70 percent.
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).
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.
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