Author Topic: David Barton's column gives an idea what it takes to be thrown off the court....  (Read 1493 times)

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Offline warpmine

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...or any court's bench for that matter even SCOTUS. Gives a nice accounting of the practice and it's history with notes from the Founders.

Quote
A State of the Union message is a constitutionally mandated duty (Article II, Section 3), and for those who respect the Constitution, this address is serious stuff. But apparently not to Justice Ginsburg – which probably is not surprising given that her rulings routinely reflect a general dismissal of the Constitution and that she publicly advises leaders in other nations to seek something better than the U. S. Constitution for their country.

Regardless, it is certain that public intoxication by a Supreme Court justice does not inspire faith in the Judiciary. Luther Martin (one of the 55 delegates who framed the U. S. Constitution) warned: “It is necessary that the supreme judiciary should have the confidence of the people,” and to ensure this, the founders made certain that the federal bench could be ridded of those who embarrassed or misused it.

Citizens today might be dubious of such a statement, for we have long been told (and wrongly so) that federal judges have lifetime appointments. They do not – and it was the Founding Fathers themselves who specifically stipulated that federal judges could serve only for the duration of “good behavior” (Article III, Section 1). So as long as a judge acted right, he could stay on the bench, but if he acted otherwise, he could be removed. Nowhere in the Constitution is there any mention of, much less guarantee for, lifetime appointments for judges.

The first federal judge to be removed from the bench came at the behest of President Thomas Jefferson. That judge, John Pickering, was no obscure lightweight. Originally placed on the federal bench by President George Washington, Pickering had been a framer of the New Hampshire Constitution, served as the state’s governor, was selected as a delegate to frame the U.S. Constitution (but declined) and was subsequently a ratifier of the federal Constitution. So why was he removed? Among the reasons given was public intoxication (as well as a public disrespect for God). The Founding Fathers considered this to be bad behavior for a judge.

Don’t think I am calling for the removal of Ginsburg for her recent faux pas. Rather, I am pointing out that the current notion that federal judges are unaccountable because they have lifetime appointments is one of the greatest lies of our lifetime.

Consider historical reasons given by Congress why federal judges should be removed from the bench:

In 1804, Supreme Court Justice Samuel Chase was impeached for judicial high-handedness and for excluding evidence from a trial.

In 1830, federal Judge James H. Peck was impeached for judicial high-handedness.

In 1862, federal Judge West H. Humphreys was impeached for supporting the secession movement.

In 1904, federal Judge Charles Swayne was impeached for financial improprieties and judicial high-handedness.

In 1912, federal circuit Judge Robert W. Archibald was impeached for judicial high-handedness and misconduct.

In 1926, federal Judge George W. English was impeached for judicial high-handedness and profanity.

Judicial high-handedness? Yes. In fact, U. S. Supreme Court Chief Justice John Marshall observed:

“[T]he present doctrine seems to be that a Judge giving a legal opinion contrary to the opinion of the legislature is liable to impeachment.”

Let’s admit it. The Founding Fathers were experts on the Constitution; today’s legal professors and media pundits who claim that federal judges can only be removed for the commission of serious crimes and felonies are not. The founders made clear that federal judges did not have lifetime appointments and were to be accountable for their behavior while on the bench.

If America ever again expects the federal courts to be just one of three so-called “co-equal” branches rather than the supreme branch they have become, then we must recover the notion that our federal judges are not unaccountable demigods.

To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. … And their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal.

Read more at http://www.wnd.com/2015/02/are-federal-judges-unaccountable-demigods/#Mu4FtYaRjBPHWPc2.99

Keep it coming David. Nice to see some of the myths debunked of course but, getting a spineless immoral Congress to do anything past looking at their pocketbook and control is almost like expecting water to be extracted from stone. At least we're armed with some historical facts against the libtards zombie drones for the holiday dinners.
« Last Edit: February 19, 2015, 06:31:33 AM by warpmine »
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Offline Libertas

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It's all well and good...but...there is a reason why no sitting SCOTUS justice has been impeached since...forever...

The political will to do it...

Have you seen our Congress lately?

I'm not saying it isn't warrented, I'm just saying with this bunch it is beyond likely.

Last I heard, impeachment is still off the table for just about everyone...they would have to be caught on live TV broadcast globally commiting rape and murder to even get these clowns to get it in gear!!!
We are now where The Founders were when they faced despotism.

Offline warpmine

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It's all well and good...but...there is a reason why no sitting SCOTUS justice has been impeached since...forever...

The political will to do it...

Have you seen our Congress lately?

I'm not saying it isn't warrented, I'm just saying with this bunch it is beyond likely.

Last I heard, impeachment is still off the table for just about everyone...they would have to be caught on live TV broadcast globally commiting rape and murder to even get these clowns to get it in gear!!!
Let your friends know the avenues for refuting out of control judicial branch was mindfully installed by those old white haired white gentlemen known as the Founders and used often enough during the first 11 decades of the Republic. It's our(feckless and gutless cowards of the progressive era) fault it's not used since.
Remember, four boxes keep us free:
The soap box, the ballot box, the jury box, and the cartridge box.

Offline Libertas

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It's all well and good...but...there is a reason why no sitting SCOTUS justice has been impeached since...forever...

The political will to do it...

Have you seen our Congress lately?

I'm not saying it isn't warrented, I'm just saying with this bunch it is beyond likely.

Last I heard, impeachment is still off the table for just about everyone...they would have to be caught on live TV broadcast globally commiting rape and murder to even get these clowns to get it in gear!!!
Let your friends know the avenues for refuting out of control judicial branch was mindfully installed by those old white haired white gentlemen known as the Founders and used often enough during the first 11 decades of the Republic. It's our(feckless and gutless cowards of the progressive era) fault it's not used since.

Their failure to act only ensures we are one day closer to the Right of the People to act.   ;)

We are now where The Founders were when they faced despotism.

Online Pablo de Fleurs

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*B U M P *

My wife & I just saw David Barton, last night at a local church. He spoke along with Chad Connelly of Faith Wins, a 501(c)3 organization founded with the mission of engaging Christians in the public arena.

I've seen David speak once before; and he was on fire last night; taking on voting, CRT, the 1619 project, the history of white & black pastors in America (the term "Hoosiers" was named after Harry "Black Harry" Hoosier & NOT the white building contractor), early colonial sermon content & a little background on the references &  inspiration for our Constitution (Montesquieu 8%, Blackstone 7%, Locke 2.9% & the Bible 34%).

He also gave us a new way to dress down any opposing the term "American Exceptionalism", a la Alexis de Tocqueville perception of touring the early United States.
« Last Edit: May 26, 2022, 05:17:30 PM by Pablo de Fleurs »
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Offline Libertas

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Well, Alex gets abused a lot for things not his fault but the fault of others misinterpreting some of his statements, however, on America he pretty much called one thing right and another almost completely right...

He America and Russia seemed destined to control half the globe...in a peak Soviet sense it was right for a time...now, however he like many of earlier generations didn't see Communist China coming...

But he nailed it when he said a bunch of selfish greedy elite would collude to create despotism in America and dominate an underclass of "perpetual children" and "timid animals".  The tyranny of a majority The Founders feared should the Republic be bastardized into a democracy...

“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.”
? Alexis de Tocqueville

“Rulers who destroy men's freedom commonly begin by trying to retain its forms. ... They cherish the illusion that they can combine the prerogatives of absolute power with the moral authority that comes from popular assent.”
? Alexis de Tocqueville, The Old Regime and the French Revolution

“Now I know of only two methods of establishing equality in the political world; every citizen must be put in possession of his rights, or rights must be granted to no one.”
? Alexis de Tocqueville, Democracy in America

We are now where The Founders were when they faced despotism.