This last week has proven one thing. The Supreme Court is broken and needs to be fixed.
How do we fix it?
The Supreme Court effectively gutted the Constitution last week by first ripping up the Tenth Amendment then ripped up the Ninth Amendment.
The Supreme Court is established by the Constitution. Article III of the Constitution sets up not only the Supreme Court but also appoints Judges who shall hold their Offices for terms of Good Behavior. This has always been interpreted as lifetime tenure.
When the Constitution was written, the Courts were the weakest branches of the Federal Government, hence the provision for life time tenure.
In 1803, the Supreme Court engineered a coup when in the case of Madison v. Marbury; the Court gave itself the power to declare laws to be unconstitutional. That power is not given to the Court in the Constitution.
When the Court gave itself the power of judicial review of laws, it began the transformation process that made the Courts the most powerful branch of the three branches.
Over the years, judicial review has grown to be the weapon of choice for the left. If a good conservative law is passed, even by popular referendum, liberal lawyers run to a friendly Federal Judge who issues a restraining order and it becomes years, if ever, that a law goes into effect.
In the Obamacare case, Chief Justice Roberts clearly played politics with the Court’s ruling. Unfortunately this happens far too often and it is now time to do something about it.
We need to have a Constitutional Amendment that provides for the popular election of all Federal Judges. This includes the District Judges, who try cases, the Appellate Circuit Judges and the Supreme Court Justices.
These judges are totally unaccountable to anyone. In theory they can be impeached for bad behavior. The last Federal Judge to face impeachment was Samuel Kent who was indicted for sexual abuse. This is what it takes to get a Federal Judge removed.
A federal judge can be a raging idiot and as long as he or she does not violate the criminal laws, it is all but impossible to have them removed from office.
They are not accountable to the people, nor are they accountable to anyone else.
It is time for this to change.
In the wake of the Obamacare tax decision, we the people need to demand change. We need to demand that a Constitutional Amendment be offered requiring judges to be elected by popular vote every six years. How willing do you think a Federal Judge is going to be to appease his or her buddies at the ACLU when they are going to have to face the voters in a year or two?
This is one change that is a couple of centuries overdue.
This is one change we can definitely hope for.
Oh sure that's gonna happen...while we're at it we need a new declaration of independence, so we real Americans can break free from the stupids who are gleefully committing national suicide...with the left firmly in control of all our institutions especially the monopoly public school system, what do you think the next generation will be like? we need a spiritual revival or we are through. 2Chr.7:14 says it all.
THANK YOU - THANK YOU - THANK YOU.
I have supported popular election for years - Yours is the first open suggestion I have seen. THANK YOU.
We need to push this as hard as possible. Consider - SCOTUS elections should be separate and apart from all other elections so more Liberal/Socialists are not swept into office on the popular coattails of another media darling scum like Obama.
Unfortunately the judicial body has been politicized. But every branch of government has become politicized.We know have and have had for the last 4 decades have been governed by lawyers. Lawyers in Congress have created legislation that benefits them directly and also gained favor from special interest for their vote. I am well aware that the legislative process is no layman's job but it is not the job for the lawyers and special interest. To much conflict of interest.
I am interested in getting ahead in this world and I will do it at the expense of the tax payers. I think this is the attitude of many that are in public office.
As far as the ruling of the Supreme Court last week on Obama Care(Tax). I think what Roberts was trying to keep integrity of the court, but more over send a message to the voters. You elected these people you deal with it in November.
Judicial elections seems to be a good idea, but that puts them in the same catagory as other public officials in that they can be reelected for an indetermined time. I agree we need to do something about the Supreme Court, it has long been overdue. The judicial has come to believe they can set law. An Admendment seems appropriate, but it needs to include a recall provisionotherwise, we will be stuck with a judiciary that is there for his term and feels he can do whatever he pleases according to his agenda.
A lot of people do not like recall, but every public office should contain this provision and not be subject to outside influences. At least with the threat of recall we can maintain some control over our politicians and not have to suffer their stupidity for the length of "service".
Novel idea, but not sure it would solve the problem. I agree with Ricky. We have too many duphices out there who can vote. The fact that we have an American electorate capable of electing Barrack Obama is a scary thought on its' own merit. On the other hand, Roberts may have inadvertently stabbed Obama in the back by firing up his detractors. I've never seen people so anxious for November in my life.
Hey TPN members, I've run this by Judson, Vern and many friends there is something we can do - it's power in numbers. It is a way to strength our tea party movement and the membership is growing by the 100's daily.
Marcia: As much as I would like to have something done about rouge justices the COP idea reminds me of the 17th amendment. The state legislatures used to vote for the u.s. senators to represent their state, however, they were always split on party lines. Therefore they could never agree. So someone got the bright idea to let the citizens vote and elect their senators. (enter the 17th amendment)
So how is that working out??
The problem is we grasp at anything which seems to give us change, but it only gives us grief in the long run. There are no simple, easy solutions. If we must go to war. as our founding fathers did, so be it.
Actually, the deadlocks that did occur were relatively few and, in most cases, did nothing to interrupt the operations of the state governments and the only real effect was that the state would lack representation until it resolved its internal problems. The actual story is much more involved and actually brought the "progressive" movement into the beginnings of power.