Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Originalist
Well, the Congress scares me just about as much as the Judiciary.

You can get rid of an elected congressman, how do you get rid of an unelected judge with a God complex?

All politicians should be disposable in some fashion, but judges hang on like leeches.

29 posted on 07/09/2005 3:49:03 PM PDT by Noachian (To Control the Judiciary The People Must First Control The Senate)
[ Post Reply | Private Reply | To 26 | View Replies ]


To: Noachian
You can get rid of an elected congressman, how do you get rid of an unelected judge with a God complex?

Well, the correct response is "impeachment". OTOH, how do you make that happen when almost half the country is cheering the activists on? I'll admit I don't know.

33 posted on 07/09/2005 3:51:01 PM PDT by Originalist (Clarence Thomas for Chief Justice!!)
[ Post Reply | Private Reply | To 29 | View Replies ]

To: Noachian

Constitutional one twelve year term then. You would get support from both sides for this since each would think it limits the 'damage' the other side can do. And with every Presidential election we would know exactly what's at stake.


34 posted on 07/09/2005 3:51:35 PM PDT by Borges
[ Post Reply | Private Reply | To 29 | View Replies ]

To: Noachian
You can get rid of an elected congressman, how do you get rid of an unelected judge with a God complex?

In a word, "impeachment." Ultimately, impeachment is meant to be a political tool too, if the judges don't follow the will of the people.

36 posted on 07/09/2005 3:52:35 PM PDT by Cboldt
[ Post Reply | Private Reply | To 29 | View Replies ]

To: Noachian
You can get rid of an elected congressman...

You may be able to get rid of him, but the one you put in his place will love the power and money just as much. Term limits on all branches of government is the best answer.

38 posted on 07/09/2005 3:53:22 PM PDT by Originalist (Clarence Thomas for Chief Justice!!)
[ Post Reply | Private Reply | To 29 | View Replies ]

To: Noachian
You can get rid of an elected congressman, how do you get rid of an unelected judge with a God complex?

Impeachment.

Article III, Section 1. 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

Marbury v. Madison should not be overturned.
Interpretation of the Constitution rightfully belongs with the Judiciary.
The Founders provided a Constitutional mechanism (albeit a difficult one) to address situations of judicial misconduct. IMHO, that includes judicial activism that deliberately distorts and misinterprets the Constitution. There is no need to overturn Marbury simply because the invertebrates in the Executive and Legislative branches don't have the gumption to initiate judicial impeachment proceedings.

231 posted on 07/10/2005 9:20:14 AM PDT by Willie Green (Some people march to a different drummer - and some people polka)
[ Post Reply | Private Reply | To 29 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson