[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.

[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.

[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?

[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.

[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.

[bluecollarman]

Good Auction for protest...HERE

[meyer]

ONe could certainly collect a large group and run around their homes changing the pledge of allegiance at all hours of the night.

[Servant of the Nine]

They would have to be individually impeached in the House of Representatives and Tried in the Senate. There have only been a couple of Federal judges ever impeached. No Appelate Court Judge has ever been impeached.

If you had a solid 2/3 majority in the House and Senate you could probably do it in a year, if you were willing to bring all other legislation to a halt.

Fighting the war against terrorism is a lot more important than tying up the entire congress for a year over these two peckerwoods.

One of them in a Nixon apointee and can't be too long for this world anyway.

So9

[Spiff]

Idea for FReeper Activism:

Independence Day is coming. In my area, and I'm sure in many other areas, the fireworks display includes some sort of pre-fireworks programs. In my town, we have the 36th Army Band play a brief concert, have a few fireworks and cannons go off during the 'Overture of 1812' and then we have someone sing the National Anthem right before the fireworks begin.

The program has never included a recitation of the Pledge of Allegiance before. In light of the disgusting, anti-American decision by the 9th and in my patriotic desire to resist tyranny, I called the director of the fireworks display and suggested he add the Pledge to the program. He loved the idea and the reason behind it! So, in my town thousands of people are going to celebrate their independence on Independence Day by asserting it and reciting the Pledge on city property at a city-sponsored event. You can rest assured that we will emphasize the "under God" portion of the Pledge.

Independence day is fast approaching. Many FReepers plan on attending various 4th of July events to include fireworks displays, etc. Get on the phone now and do as I did and get the full Pledge of Allegiance to be recited at the events in your area.

[Bandolier]

The reason the judges were given life tenure was to protect them from retribution for unpopular opinions.

This is no better than the liberal's desire to impeach the SCOTUS for the 2000 election decisions.

It will be up to the SCOTUS to fix this mess, and I think they'll do it quite handily.