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To: Vicomte13

"I understand your anger, but what is the solution?" Impeach and remove judges who do not follow the Constitution but instead add to it their own social biases. This current sludge is a prime example of judges adding where the Constitutional language limited. Impeach and remove the smarmy slugs for doing something unConstitutional, changing the Constitution without the prescribed votes.


1,037 posted on 06/23/2005 5:53:12 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: MHGinTN

>>>Impeach and remove judges who do not follow the Constitution but instead add to it their own social biases.

How do we do this?


1,041 posted on 06/23/2005 5:55:02 PM PDT by Calpernia (Breederville.com)
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To: MHGinTN

"Impeach and remove judges who do not follow the Constitution"

Yes, this would work.
To do it requires having the same majority in the US Senate as would be required to amend the Constitution.

The US House of Representatives has to vote to impeach, and then 67 Senators have to vote to convict.

Right now, with 55 Senators, the US Republicans cannot achieve the 60 votes necessary to obtain cloture so that the US President can seat any of his higher judicial nominees or his ambassadorial appointments.

Will all 55 Republicans, and 12 Democrats, be found to remove any Supreme Court justice who does not commit a crime?

No?

This method of ending judicial supremacy cannot possibly work in America.

Something simpler is required. US President Abraham Lincoln provided the only precedent that has ever been effective to overrule unwise decisions of the judiciary.

The advantage of US Presidential nullification is that then that impossible burden of finding the votes to impeach is shifted from the justices to the President. It is almost impossible to remove anyone by impeachment. Trying to impeach the judges will fail.

But if the President overrules Supreme Court decisions by ordering the Executive Branch to not enforce them, the Supreme Court's power would be broken: they have no officers. And the only way to restore the Supreme Court's power would be to impeach and remove the President. And that is just as hard to do - probably harder - than removing any of those Supreme Court justices.

There are 45 Democrats in the US Senate. Will 22 Republicans be found in the US Senate to side with them to remove the President?
No?
Then the Presidential veto of a Supreme Court decision would stand.

Clearly the President would have to take care not to abuse this power, because he could be removed if he casually used the political veto he has over the court. But he does in fact have this power. Abraham Lincoln used it effectively. Nobody has since.

If there is no check exercised against the Supreme Court, it will remain supreme. It is impossible to amend the Constitution or to impeach and remove Supreme Court justices. The supermajorities required to do those things do not exist.

But that is the key: it takes a supermajority to impeach.
There is not the supermajority to remove a US President either. And therefore, the President, and only the President, can exercise a veto override of Supreme Court decisions, so long as he is very careful to choose the appropriate causes.

Protecting private homes would be a fine cause for the current US President to take up in vetoing this decision of the Supreme Court.


1,057 posted on 06/23/2005 6:07:41 PM PDT by Vicomte13 (Et alors?)
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