FR Appeal for Help: Can the 9th Circuit Judges be Impeached or Removed in any way?

BlueBay | 6-24-02 | VANNROX

[vannrox]

Please excuse this "vanity" post. I am wondering if it is legally possible to impeach or punish or censor the 9th Circuit Judges who ruled on this massively unpopular decision. Can Congress or the Senate do anything? What about the Judicial Branch? What about the Supreme Court? What about the White House?


I'm searching for ideas here. Te end result will be an action plan presented to key Conservative Venues.

[aristeides]

It would theoretically be possible for the House of Representatives to impeach and for the Senate to convict and remove the two judges who voted that the Pledge is unconstitutional. However, that would mean ignoring a lot of printed opinion and some precedent in previous impeachments to the effect that the standard for impeaching federal judges is the same as the "high crimes and misdemeanors" standard for executive-branch officials.

I think a much more likely way to remove the judges would be for the Congress to start considering the funding of the Ninth Circuit and whether or not it wants to split the circuit in two, as has been suggested in the past. The two judges might be allowed to know that the Congress will drop these matters, but only if they resign.

[anniegetyourgun]

Judges can be impeached - though I'm not aware of a provision that permits that to be done wholesale for entire sitting courts.

[proxy_user]

I think we should step back and look at the whole issue. Why have an official, government-mandated pledge anyway? Are you pledging you undying loyalty to your country, or to the set of legislators currently in office? Why should Congress be allowed to dictate the wording of the Pledge?

Actually, I'm surprised they haven't altered it to make it more politically correct.

I would imagine that these laws really are only symbolic, like Drink Your Milk Week or National Forestry Month. Anyone can really pledge his loyalty to the flag, country, and constitution using whatever formula he likes. Or if you don't like it, you can denounce the whole idea.

[RJCogburn]

I think a much more likely way to remove the judges would be for the Congress to start considering the funding of the Ninth Circuit and whether or not it wants to split the circuit in two, as has been suggested in the past. The two judges might be allowed to know that the Congress will drop these matters, but only if they resign.

I don't think it is a good idea to have Congress play those kinds of games when decisions that may be odious come down....separation of powers or something. What the justices did may not be good or right, or it might be, but certainly seems within the right of the judicial branch.

[RJCogburn]

I think we should step back and look at the whole issue. Why have an official, government-mandated pledge anyway? Are you pledging you undying loyalty to your country, or to the set of legislators currently in office? Why should Congress be allowed to dictate the wording of the Pledge?

Fair questions.

[RHINO369]

"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure." --Thomas Jefferson to William Stephens Smith, 1787.

[bonesmccoy]

One wonders which tree the 9th Circuit Court eats.

[1rudeboy]

Can't be done, at least not for coming down with an unpopular ruling . . . separation of powers and all that. Why do you think the Clintonistas are so afraid of conservative justices?

[Gophack]

The 9th District SHOULD be split in two. Then, the two bad judges can be put on different courts, and two good judges can be added to each court. Of course, the district should be split in two because it's way too big, but this is another reason to do it.

Regarding the person who commented that we shouldn't have the phrase "Under God", our great country was founded "with a firm reliance on the protection of divine Providence". Should we edit this great document? Should we now take God out of our Constitution? Take Him off our money? We are "ONE NATION UNDER GOD" and we should stay that way.

In God we Trust ...

[vannrox]

I suppose that someone could minimize every action as symbolic. After all, that is Atlester Crowley's belief and his religion of the "Golden Dawn". His pagen beliefs, not withstanding the Kabbalistic connection, was a rather crude, but effective technique to control "his" masses.


I prefer to agree with Jung that symbology is a powerful avenue to our "self". Throughout history Nations and Citystates all required unifying symbology. The most effective and long lasting was symbology associated with dieties and a higher purpose of living. Historically, you can see the manifestations of megalomania whenever the unifying symbology went from the Devine to the sublime.


Look at Caligula, Commodus, Heliogabalus and Nero. When Rome was founded by Augustus he laid the foundation of Divine decency and restraint. The tone of debauch began with Tiberius. And eventually resulted in the fall of Rome.

[backhoe]

I think this makes an excellent case for judical accountability-- or the lack thereof.

We have all heard the theory about how some levels of the judiciary "need to be isolated from the whims of public pressure, so they'll make the right- rather than the popular- decisions."

Well, here's proof why that's a failed theory- these guys need to be held accountable for their actions, like anyone else is. Maybe via election, so you can toss the bums out of office, or maybe by a review of peers- but there needs to be a way to reign in activist, or malicious, judges.

[SCHROLL]

The Dem's would never go along with Impeachment. A Judical reorganization, however, I don't think they couldn't do anything about. The appointments are lifetime appointments, but the judges are not guaranteed where they may serve. A reorganization that reduces the number of Federal Districts would serve to dilute these idiots influenence. Drop a District or two and shuffle them around.

On the otherhand, does this move by the 9th Federal District give Bush the necessary ammo to make Recess Appointments and bypass Daschle?

[don-o]

The sky is falling down.
The sky is falling down.
We must run and tell the King
The sky is falling down.

Why are the Freepers so surprised off this latest outrage?

Yes. Get a petition drive going on. Call, fax and e-mail.

Until folks, en masse, get out in the streets, it don't mean nothing.

Been there and done that.

Y'all could win, but it takes more than cyber war.

[aristeides]

On the otherhand, does this move by the 9th Federal District give Bush the necessary ammo to make Recess Appointments and bypass Daschle?

I think it does. I can't imagine the Dems having the courage to oppose Bush if he uses this decision as his reason for going ahead with judicial recess appointments.

[Illbay]

FAST-FORWARDING TO A FUTURE NEAR YOU:

NINTH CIRCUIT RULES U.S. AN ILLEGAL ESTABLISHMENT OF RELIGION

United States Now Null And Void, Says Court

April 23, 2005 (AP) - The United States Ninth Circuit today ruled that the Declaration of Independence was promulgated on an unConstitutional establishment of religion in its use of such language as "the laws of nature and of nature's God ," "endowed by their Creator," "the Supreme Judge of the world," "the protection of Divine Providence," and "sacred honor."

As a result, the Declaration of Independence is null and void, based as it was on erroneous assumptions about where "unalienable rights" actually come from. Indeed, given the illegal invocation of a mythical "divine being", it is likely that such "rights" are now inoperable.

The Court has decided that herewith, the United States, severally and together, are now under the jurisdiction of the only "supreme judge of the world" and "protector" that can be found, the United Nations.

Speaking shortly after the ruling was handed down, U.N. General Secretary Bill Clinton announced that the U.N. is selling off the individual states one by one, in an auction on eBay commencing on Sunday of this week. The initial bids are expected to be high, as the states are considered one-of-a-kind collectibles.

Details will follow as they become available.

[bleudevil]

I think Jews in fact do beleive in G-d (:->), but otherwise you're right. "Under God" didn't use to be in the Pledge but was inserted later. People should save their activism for something more important.