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To: markomalley

Separation of powers. Legislative branch can not impeach a judge.


8 posted on 07/10/2018 12:12:59 PM PDT by mware (RETIRED)
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To: mware

Yes it can! Judges can be impeached, just like Presidents. But you would need a majority in the House of Representatives and a two thirds vote in the Senate to convict.


26 posted on 07/10/2018 12:23:34 PM PDT by reg45 (Barack 0bama: Gone but not forgiven.)
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To: mware

Actually they can, and have.

Supreme Court Justice Samuel Chase was impeached by the House in 1804, but acquitted by the Senate in 1805.


33 posted on 07/10/2018 12:27:20 PM PDT by kosciusko51
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To: mware

Furthermore you can’t impeach a federal judge for their rulings.

Here is some more info.

Important Note: none were impeached for their opinions / rulings because they can’t be.

Impeachment of federal judges
https://ballotpedia.org/Impeachment_of_federal_judges

Article III federal judges are appointed to life terms while serving “during good Behaviour,” as stated in Section 1 of Article III of the United States Constitution. Though it does not expressly state in the Constitution that judges may be impeached and removed from office, they fall under the label of “Civil Officers” in Article II, Section 4.[1] That says:

“The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[2] [3] ”

Impeachable offenses

The United States Senate has removed judges from office for substantial questionable conduct, even if no crime was committed. For example, Judge Robert Wodrow Archbald was impeached and removed from office for improper business relationships with litigants. One reason for this may be the life tenure bestowed upon federal judges and the Congress’ place in upholding the good behavior of judges.[4]

Proceedings

Article II of the Constitution gives the United States House of Representatives sole power of impeachment, and assigns the power to try impeachments to the United States Senate.[2]

Historical impeachment of judges

Fifteen federal judges have been impeached. Of those fifteen: eight were convicted by the Senate, four were acquitted by the Senate, and three resigned before an outcome at trial.

1803
John Pickering of the United States District Court for the District of New Hampshire

Nominated: By President George Washington in 1795.
Charges: Mental instability and intoxication on the bench
Convicted: By the United States Senate and removed from office on March 12, 1804.

1804
Samuel Chase of the Supreme Court of the United States.

Nominated: By President George Washington in 1796.
Charges: Arbitrary and oppressive conduct of trials
Acquitted: By the United States Senate on March 1, 1805.

1830
James Hawkins Peck of the United States District Court for the District of Missouri.

Nominated: By President James Monroe in 1822.
Charges: Abuse of the contempt of power
Acquitted: By the Senate on January 1, 1831.

1862
West Hughes Humphreys of the United States District Courts for the Middle, Eastern, and Western Districts of Tennessee.

Nominated: By President Franklin Pierce in 1853.
Charges: Refusing to hold court and waging war against the United States government
Convicted: By the Senate and removed from office on June 26, 1862.

1873
Mark W. Delahay for the United States District Court for the District of Kansas.

Nominated: By President Abraham Lincoln in 1863.
Charges: Intoxication on the bench
Resigned: From office December 12, 1873, before a trial in the Senate.

1904
Charles Swayne for the United States District Court for the Northern District of Florida.

Nominated: By President Benjamin Harrison in 1889.
Charges: Abuse of contempt power and other misuses of office
Acquitted: By the Senate on February 27, 1905.

1912
Robert Wodrow Archbald of the United States Commerce Court.

Nominated: By President William Howard Taft in 1910.
Charges: Improper business relationship with litigants
Convicted: By the Senate and removed from office on January 13, 1913.

1926
George Washington English of the United States District Court for the Eastern District of Illinois.

Nominated: By President Woodrow Wilson in 1918.
Charges: Abuse of power
Resigned: From office November 4, 1926, at which time impeachment proceedings were dismissed.

1933
Harold Louderback of the United States District Court for the Northern District of California.

Nominated: By President Calvin Coolidge in 1928.
Charges: Favoritism in the appointment of bankruptcy receivers
Acquitted: By the Senate on May 24, 1933.

1936
Halsted Lockwood Ritter of the United States District Court for the Southern District of Florida.

Nominated: By President Calvin Coolidge in 1929.
Charges: Favoritism in the appointment of bankruptcy receivers and practicing law while sitting as a judge
Convicted: By the Senate and removed from office on April 17, 1936.

1986
Harry Claiborne of the United States District Court for the District of Nevada.

Nominated: By President Jimmy Carter in 1978.
Charges: Income tax evasion and remaining on the bench following a criminal conviction
Convicted: By the Senate and removed from office on October 9, 1986.

1988
Alcee Hastings of the United States District Court for the Southern District of Florida.

Nominated: By President Jimmy Carter in 1979.
Charges: Perjury and conspiring to solicit a bribe
Convicted: By the Senate and removed from office on October 20, 1989.

1989
Walter Nixon of the United States District Court for the Southern District of Mississippi.

Nominated: By President Lyndon Johnson in 1968.
Charges: Perjury before a federal grand jury
Convicted: By the Senate and removed from office on November 3, 1989.

2009
Samuel Kent of the United States District Court for the Southern District of Texas.

Nominated: By President George H.W. Bush in 1990.
Charges: Sexual assault, obstructing and impeding an official proceeding, and making false and misleading statements.
Resigned: From office on July 30, 2009, and articles of impeachment were dismissed.

2010
Thomas Porteous of the United States District Court for the Eastern District of Louisiana.

Nominated: By President Bill Clinton in 1994.
Charges: Accepting bribes and making false statements under penalty of perjury
Convicted: By the Senate and removed from office on December 8, 2010.


54 posted on 07/10/2018 12:44:20 PM PDT by Eddie01
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To: mware
Separation of powers. Legislative branch can not impeach a judge.

History and legal precedent would dictate otherwise.

56 posted on 07/10/2018 12:45:35 PM PDT by Real Cynic No More
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To: mware

Look up Alcee Hastings, now a congressman but also an impeached and convicted federal judge. And innthe 60s conservatives carried signs saying Impeach Earl Warren.


82 posted on 07/10/2018 1:16:41 PM PDT by xkaydet65
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To: mware

“Separation of powers.”

A lot of people think because the branches have separate powers they are supposed to be “separate but equal” (a phrase that has nothing to do with that). They aren’t. The legislative branch is intended to be the most powerful. They can remove the others from office. Of course they would need a 2/3 majority in the Senate to do so, but the founders didn’t foresee partisan politics. They also have the power to regulate what cases the courts can hear and how, though to my knowledge it’s never been used. But if they wanted to they could pass a law and include a provision that the court was forbidden from judging the constitutionality of it, and include criminal penalties for the justices if they tried to do so.


95 posted on 07/10/2018 2:01:49 PM PDT by Hugin (Conservatism without Nationalism is a fraud.)
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To: mware

Wasn’t Alcy Hastings impeached?


119 posted on 07/10/2018 8:08:48 PM PDT by Figment
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