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Impeachment on the 9th Circuit?
June 26th, 2002 | Sabertooth

Posted on 06/26/2002 7:53:53 PM PDT by Sabertooth

Article II, Section 4 of the U.S. Constitution states:

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.

Article III, Section 1 of the U.S. Constitution states:

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

I submit that that Judge Alfred T. Goodwin and Judge Stephen Reinhardt have not exhibited "good behaviour" in their decision to declare that the Pledge of Allegiance is unconstitutional. Further, I contend that they have exceeded the scope of their Judicial powers, in that they have attempted to shape the Constitution to fit their own predilections, rather than seeking to understand what the Constitution meant with regards to the Establishment Clause of the First Amendment as the Founders intended, and base their decision accordingly.

In so attempting to modify the U.S. Constitution, Judge Goodwin and Judge Reinhardt have violated Article V, which states:

"The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. "

In so violating the Amendment Process of the US Constitution, and exceeding the vested Judicial Powers of the US Constitution, I contend that Judges Goodwin and Reinhardt of the US 9th Circuit Court of Appeals have committed "high crimes and misdemeanors," and are therefore subject to Impeachment by the US House of Representatives, and removal by the US Senate.

Therefore, I hereby call upon the House and the Senate to perform their duly appointed Constitutional Functions and Impeach Judge Alfred T. Goodwin and Judge Stephen Reinhardt of the US 9th Circuit Court of Appeals, and remove them from office.


TOPICS: Activism/Chapters; Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events
KEYWORDS: 9thcircuit; constitution; impeach; pledgeofallegiance
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To: Sabertooth; All
Utah??
41 posted on 06/26/2002 9:16:59 PM PDT by maestro
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To: smalltownguy
The problem on the board you linked is that the argument -- both pro and con -- is flawed.

The First Amendment states, "Congress shall make no law respecting an establishment of religion,"

The phrase prohibits Congress, and therefore the Federal government, from making any laws regarding religion. That right was left to the individual states, many of which had been settled by those fleeing religious persecution, and those states had established religions at the time of the revolution. The founders therefore meant to prohibit the federal government from meddling in religion.

The concept of "separation of church and state" is not found, nor implied in the First Amendment. It is the result of years of twisted interpretation by the judiciary.

The matter of the insertion of "under God" into the Pledge of Allegiance by Congress was not, nor was it intended to be, establishment of a religion; it was merely the continuation of our founders and American society's traditional belief in the existence of a Supreme Being, as evidenced by the Declaration of Independence.

42 posted on 06/26/2002 9:19:33 PM PDT by browardchad
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To: Sabertooth
Wonder if the buffoons at the 9th Circuit have ever heard of this guy:

"It is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor." - George Washington, 1st President of the United States.

43 posted on 06/26/2002 9:21:12 PM PDT by TheGrimReaper
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To: Colombia59
Impeach Senator Jim Jeffords too, he lied to the voters to get into power as a Republican and then changed sides. This gave the demacrooks in the Senate the power to stop all Bush judicial appointees. As a result we have 80 year old senile judges making these kinds of decisions. Barbara Boxer and Diana Feinstein must be really happy with what they have put on this court. 5 posted on 6/26/02 8:01 PM Pacific by Colombia59 [ Post Reply

DITTO !!!!

44 posted on 06/26/2002 9:21:43 PM PDT by timestax
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To: WRhine
bttt
45 posted on 06/26/2002 9:22:04 PM PDT by MissAmericanPie
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To: gcruse
The Pledge celebrated it's 100'th anniversary in 1992 I belive.So about half its life it has had "under God" inserted which came in 1954.
46 posted on 06/26/2002 9:23:16 PM PDT by lexington minuteman 1775
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To: Demidog
And by what authority does any entity force someone to recite it?

No one is forced to recite it. This case is not about being forced to recite the Pledge -- it is about the recitation of the pledge, period. The SCOTUS has ruled previously that any child can refuse to say the Pledge of Allegiance.

47 posted on 06/26/2002 9:23:27 PM PDT by browardchad
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To: Sabertooth
The 9th circuit handed the Republicans a gift today. It's up to them to take advantage of it.

By impeaching the judges Bush et al won't advance judicial nominees. Better to punch the issue of "our judges wouldn't make this mistake."

48 posted on 06/26/2002 9:24:29 PM PDT by nunya bidness
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To: gcruse
You think the pledge has been around for 200 years? What are you smoking?
49 posted on 06/26/2002 9:25:43 PM PDT by M. Thatcher
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To: maestro
I wondered that too. I know mine is. It's all over the news here in Alaska. We are quite conservative here. It's causing an uproar. I put a big sign in my truck window. "In God we trust" and "One nation under God"
50 posted on 06/26/2002 9:26:40 PM PDT by knak
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To: Sabertooth
You're getting good, Saber, hehehe.
51 posted on 06/26/2002 9:29:25 PM PDT by Victoria Delsoul
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To: Sabertooth
Bump!
52 posted on 06/26/2002 9:32:25 PM PDT by Alamo-Girl
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To: Sabertooth
These judges must be Impeached.

That is right. The time has come to take bold action ourselves. Our "so-called" leaders such as Trent Lott has failed to lead. It is time for us to show the right way!

Before it's too late.

God Save America! (please)

53 posted on 06/26/2002 9:33:22 PM PDT by MinorityRepublican
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To: M. Thatcher
You think the pledge has been around
for 200 years? What are you smoking?

You're right.  My mistake.  'Only' since 1892.
But thanks for the gratuitous slap, anyway.

54 posted on 06/26/2002 9:35:11 PM PDT by gcruse
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To: gcruse
Not gratuitous. Earned.
55 posted on 06/26/2002 9:36:04 PM PDT by M. Thatcher
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To: Sabertooth
           Amendment X

          The powers not delegated to the United States by the Constitution, nor prohibited by it to the states,
          are reserved to the states respectively, or to the people.

  This has to be the most raped and pillaged admendment of the entire Constitution.
  To even cite it anymore is to pay homage to the dearly departed.  It is toothless.

56 posted on 06/26/2002 9:37:55 PM PDT by gcruse
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To: Sabertooth
From a previous U.S. Supreme Court decision:

The Pittsburgh Tribune-Review 6/21/00 “…It's being billed as the U.S. Supreme Court's most far-reaching school prayer decision in nearly a decade. Pity that this one, too, is so perverted. In 1992 the court offered an outlandish rejection of clergy-led invocations and benedictions at high school graduation ceremonies. In 2000, an equally ghastly decision bars students from leading stadium crowds in prayers before high school football games. ….In a 6-3 decision on Monday, Justice John Paul Stevens wrote for the majority that pre-game prayers violate the Establishment Clause of the First Amendment: ``Congress shall make no law respecting an establishment of religion ...'' Of course, as was the case eight years ago, the court majority this time also seemed to dismiss the rest of that clause, ``... or prohibiting the free exercise thereof.'' …

Chief Justice William Rehnquist led the dissent (with Justices Antonin Scalia and Clarence Thomas). They concluded that the majority not only ``distorted existing precedent'' but added a measure of ``hostility to all things religious in public life.'' …. As Mr. Justice Rehnquist put it, ``Neither the holding nor the tone of the (majority) opinion is faithful to the meaning of the Establishment Clause when it is recalled that George Washington himself, at the request of the very Congress which passed the Bill of Rights, proclaimed a day of `public thanksgiving and prayer to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God.''' ……”


57 posted on 06/26/2002 9:42:21 PM PDT by Alamo-Girl
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To: Sabertooth
The tenth amendment doesn't enter into it at all. The court settled a dispute between a private individual and a school.

The constitution protects our citizens from being forced into doing something unless they've been accused of a crime. One is not required to pledge the allegiance and any attempt is a violation of common sense and the right to practice their religion as they see fit. This includes the right NOT to worship a God.

The tenth amendment does not give the States license to violate rights.

58 posted on 06/26/2002 9:47:25 PM PDT by Demidog
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To: browardchad
No one is forced to recite it.

If this is true then the fellow would have no standing in a court of law. Obviously he had standing else the court wouldn't have heard his case.

59 posted on 06/26/2002 9:49:13 PM PDT by Demidog
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To: Demidog
It is true.

What got this guy's panties in a bunch is that his daughter had to listen to other people utter the word "God."

60 posted on 06/26/2002 9:54:34 PM PDT by B Knotts
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