The Judges

[ShaneEnochs]

After the debate last night, it got me wondering: who are the judges responsible to? If they overstep their constitutional bounds, can Congress or the Executive do anything about it (not just overrule them, but get them off the bench)?

[Revolution9]

They are impeachable.

Rev9

[cindy25]

most Federal Judges have one eye on being promoted, and doing something outside the mainstream (either left or right) ends any chance of promotion

[ShaneEnochs]

They are impeachable.

Rev9

Are the Supreme Court Justices impeachable by Congress? Under what kind of circumstances would they be impeached? They can essentially (and do) write law by interpreting laws.

[cindy25]

Are the Supreme Court Justices impeachable by Congress? Under what kind of circumstances would they be impeached? They can essentially (and do) write law by interpreting laws.

impeachment is in reality a political exercise. 1/2 of the house, 2/3 of the senate and your gone. the president is not involved but the VP would preside over the senate trial.

[ShaneEnochs]

impeachment is in reality a political exercise. 1/2 of the house, 2/3 of the senate and your gone. the president is not involved but the VP would preside over the senate trial.

But what would be considered an impeachable offense as far as them interpreting law?

[green73]

This is why the Antifederalists were right!
http://mises.org/daily/2335


One of the most insightful of the Antifederalists was Robert Yates, a New York judge who, as a delegate to the Constitutional Convention, withdrew because the convention was exceeding its instructions. Yates wrote as Brutus in the debates over the Constitution. Given his experience as a judge, his claim that the Supreme Court would become a source of almost unlimited federal over-reaching was particularly insightful.

Brutus asserted that the Supreme Court envisioned under the Constitution would become a source of massive abuse because they were beyond the control "both of the people and the legislature," and not subject to being "corrected by any power above them." As a result, he objected to the fact that its provisions justifying the removal of judges didn't include making rulings that went beyond their constitutional authority, which would lead to judicial tyranny.

[cindy25]

But what would be considered an impeachable offense as far as them interpreting law?

anything; they could in theory just say not in good behavior. but they would need 2/3 of the senate. that is nearly impossible.

[Pericles]

anything; they could in theory just say not in good behavior. but they would need 2/3 of the senate. that is nearly impossible.

It is nearly impossible in the current setup because political parties control most of the government. Eliminate the lock that political parties have on the system, and the situation changes.

Why do private organizations (political parties) have automatic ballot access, use of government resources, taxpayer funded primaries, etc. other than because they can. Eliminate the special perks that parties get to run candidates, and see what happens.