To: Marauder
I was about to diagree with you, and say that the Founders would have expected that "dishonorable" judges would have been impeached, but then I remembered the supermajority requirement in the Senate to have a judge removed.
Which means that it goes back to the 17th Amendment. As the "State Legislatures' body", I doubt justices would have held office for long if they kept overturning state laws willy nilly. It seems that the legislatures would demand that their Senator, in effect their representative in the Fed Gov, yank such justices in a hurry.
To: freedomcrusader; Avoiding_Sulla
I was about to diagree with you, and say that the Founders would have expected that "dishonorable" judges would have been impeached, but then I remembered the supermajority requirement in the Senate to have a judge removed. Thanks for pointing that out, because within Article I, Section 3, Clause six lies a very nasty provision that is the same as has been used to ratify any number of unconstitutional treaties:
Clause 6: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. It should be something like, "two thirds of the full Senate by recorded vote." (The same should be done with Article VI, Clause 2.) First, with modern transportation there is no reason for the original provision. Second, there have been a number of treaties ratified with no record of a recorded vote or indicating even a quorum, not much of a standard and an open invitation to fraud by modifying the supreme law of the land.
9 posted on
09/26/2003 1:18:47 PM PDT by
Carry_Okie
(California! See how low WE can go!)
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