Posted on 03/30/2005 11:58:34 AM PST by sergey1973
Sen. Rick Santorum, R-Pa., contends action should be taken against two judges who ignored congressional orders in the Terri Schaivo case.
Referring to U.S. District Judge James Whittemore's decision last week to reject a request for emergency intervention, Santorum said, "For this judge in this district to ignore that is tantamount, I believe, to an offense that should be discussed in the Congress."
(Excerpt) Read more at worldnetdaily.com ...
There are checks and balances that cross the "separation of powers" in many ways.
Presidents can veto, while the Congress can override it.
Courts can rule Congress' laws unconstitutional, while the Congress can submit constitutional amendments to the states to get around the court.
Judges violating laws can be impeached and removed by the legislative branch.
All of those things are hard to do, but the bottom line is that until we start impeaching some of our out-of-control judges, then we'll be ruled by them, and not by our elected legislators.
It's time to bring the judicial branch back into line. Constitutionally, of course.
Okay, just so I'm clear on this, am I supposed to continue endorsing judicial activism and unconstitutional exercises of power the next time the 9th Circuit hands down one of their fruity rulings?
Put up or shut up, Congress.
And 2/3 of the states can request congress to call a constitutional convention...
I'd say about three weeks of no food and water would be quitable for Greer and Whittemore...
This is all so aggravating. What is the court doing? ON Drudge I see these words in bright red stating an emergency session is taking place...SINCE THIS MORNING. Why isn't someone feeding this poor innocent (once)non-terminal woman? What is that court doing? Taking an extended lunch?
Congress did not order judges to make a decision. The Congress transferred Terri's case to Federal Court jurisdiction. That's a difference. Rick Santorum believes that the Federal Court Judge did not review the case properly as he was asked to do by Congress. In other words, Judge acted as if he superior to the Congress. Judiciary is not Superior to Congress--they are equal branches according to the US Constitution.
Yes, the judge totally ignored Congressional intent. That is making the Judicial Branch superior to the Legislative and Executive.
The judge should have ordered the feeding tube restored, while a thorough new (de novo?) review of the case took place. This was not done. Can a federal judge be impeached by congress for disregard of the other two branches? This would send a good message to federal judges, that they are not the end of a matter, they have to take orders also. Those orders are not just the law (as they interpret it either).
That is good and it should be done, but for now, let's focus on saving Terri Schiavo. Then we can worry about punishing the judges.
He did not recuse himself because he is a conspirator and murderer.
Want to bet there are other victims?
Essentially he's saying (in a wordy, roundabout way) that his attempts to sway the Florida state senators didn't work. Seems they missed deadlines, which increased the number of senators who would have to vote for it, making the legislative hurdles that much higher etc. etc.
Amazing how tardiness and legalistic technicalities can cost someone her life. (Yes, I know it's really Schiavo, Felos, Greer, the ACLU and the rest of the death industry who are responsible. But the decent side was caught napping on this.
Jackson says he thinks Mary Schindler should make another appeal to Michael Schiavo to let her daughter take some water and sustenance.
(Ralph Nader last night made the same suggestion -- a very public appeal to Schiavo to let the parents take custody.)
Hannity answers that even if such an appeal were made, Schiavo wouldn't do it.
Just heard: 11th Circuit Court again refuses the Schindlers a hearing.
"We no longer believe in separation of powers around here. The legislature now has the power to order judges to rule in a certain way, and the executive now has the power to send troops in to override a judge's decision if he doesn't like it."
Very cute, but you miss the point of why people feel that way. The so called "separation of powers" has not been working - it has become a joke - with judges ruling supreme. It is time for a strong correction to occur.
Some heavy hitters from Washington need to tell this guy in no uncertain terms to stop damaging our nation and turn Terri over to her family for care. This is an exceptionally serious issue for our nation and it's time to do what has to be done to stop this state-sanctioned killing. Just keep telling him that it's not in his best interests over the long term to kill his wife, and keep telling him that until he gets the message. Tell him to read between the lines and understand that he's making enemies out of millions of Americans and that is going to wreck his life.
Over done, courts deny appeal.
I don't think so. This has become a "nuclear" issue in Washington. Stay tuned for futher developments.
I don't think Judges can be impeached under present system. Supreme and other Federal Courts Judges appointed for life by President, subject to Senate approval.
I actually had a post on my blog why not to have a possibility to impeach judges in light of how certain judges keep on abusing and outstepping their constitutionally defined power and hand one absurd verdict after another ("gay marriage" as a Constitutional Right, 10 commandement and other Jewish and Christian symbols removals from public places, Tossing out death Penalty case because one of the Jurors brought Bible, Terri Schiavo, etc.). Other possible solutions is to have Judicial term Limits for Federal Judges instead of life-time appointments.
This is very delicate issue, but something definitely must be done to institute more checks and balances in judiciary system.
http://sergeywatch.blogspot.com/2005/03/if-president-can-be-impeached-why-not.html
I think this is it. The backlsh will be huge.
I really believe that they did not contemplate Congress nullification. It is a very serious attack on the Constitution.What you are saying is that from now on any law of Congress should include a provision to the effect that If any judge fails to apply this law ,he will thrown in jail.
My understanding of the constitution is that federal and supreme court judges can be impeached and removed from the bench by congress.
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