Author Topic: Judges could be fired for bench decisions  (Read 2409 times)

Waitone

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Judges could be fired for bench decisions
« Reply #25 on: September 19, 2006, 03:38:42 AM »
The problem has already been solved at the federal level.  According to that much maligned, irrelevant document called the US Constitution, congress has two huge clubs which can be used to keep the courts in line.  First, from Article III, Second 2
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In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Second, from Article III, Section 2,
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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.
So congress already has to power to tell the supreme court "hands off ".  Other than SCOTUS congress is the master of inferior courts destiny.  Whatsoever congress giveth, congress can taketh away.  The problem called the 9 th Circus court can and will go away just as soon as congress is ready to deal with it.  The US congress already has the tools in hand to deal with judicial tyranny.  It doesn't do so because both parties want activist judiciaries.  

States have their own ways of dealing with the problem which should preclude congression interference.
"Men, it has been well said, think in herds. It will be seen that they go mad in herds, while they only recover their senses slowly, and one by one."
- Charles Mackay, Scottish journalist, circa 1841

"Our society is run by insane people for insane objectives. I think we're being run by maniacs for maniacal ends and I think I'm liable to be put away as insane for expressing that. That's what's insane about it." - John Lennon