On March 12, 1804, the first generation of our Founders impeached sitting Supreme Court Justice Samuel Chase. This Constitutional authority has been used to remove 7 Federal Judges and force many others to resign in disgrace. We submit that Justice Roberts has failed in his sworn oath to uphold the Constitution in at least 5 ways.
- Chief Justice Roberts "amended" Federal legislation by rewriting the words of the duly elected Representatives of Congress changing "penalty" to "tax". (Article I, Section I) Even should one accept Marbury v. Madison in allowing judicial review, never has it been found that the Courts could do anything other than rule on their constitutionality.
- Chief Justice Roberts created a "tax" in violation of the sole Legislative authority to do whether by interpretation or judicial amendment. (Article I, Section VIII, 16th Amendment)
- Chief Justice Roberts implemented the "right" for the government to tax "behavior" rather than income also superceding Constitutional authority. (16th Amendment)
- Chief Justice Roberts did not allow the "tax" to be Constitutionally valid since it did not originate in the House of Representatives. (Article I, Section VIII) (Video explanation here.)
- Chief Justice Roberts did not strike down the unconstitutional powers for a new unelected committee (IPAB) in the legislation to automatically pass new laws and bypass Congress.
- As Chief Justice, Roberts did not challenge the refusal of Elena Kagan to recues herself, even after evidence was presented clearly showing a conflict of interest. (Judicial Watch founder, Larry Klayman, is seeking indictment of both Roberts and Kagan.)
I am aware some of these are not new allegations against a activist court. However, in removing the Chief Justice of the Supreme Court, it is our hope that a similar political precedent will be set that will have a positive impact on the lower courts and future SCOTUS decisions.
As we discussed in this article, the interpretation of the Constitution and the “final word” does not lie with the Supreme Court. Jefferson called that notion, “an absurdity.” But Newt Gingrich had it right. The Power is embedded in the Constitutional tools given to us beyond just elections and waiting for the “right” Supreme Court.
I would say to those who have a philosophical or moral aversion to this action – please read the words of our Founders on this issue. They went as far to encourage “a little revolution” now and then against government – even so far as taking up arms. In fact, the very early Congresses used impeachment, any with members who helped craft our Constitution. Interestingly, it was not the courts that decided Constitutionality. It was either the Senate or House, or the people.
I would encourage very religious Christians who feel similar reservations to reread COMMON SENSE by Thomas Paine, which made a BIBLICAL case for revolting against the inherent rights given to all men by God. David Barton has a wonderful article entitled, “Was the American Revolution a Biblically Justified Act?” Christians might also be reminded that since our Constitution gives the power of government to “We the People,” we have an added responsibility to steward it AS THE ULTIMATE AUTHORITY over it acknowledged by God. Just as you would fire an employee stealing from your store or not obeying your directives on the farm – you have a God given authority OVER this government and you risk being a “worthless servant” by sticking it in the ground and not actively trying to make it prosper.
I’ve written some of the more damaging aspects of this decision here, and will post many more articles on PolitiJim and the Impeach Justice Roberts Facebook Page.
If you are a Constitutional lawyer who would like to use this to post, please use the CONTACT feature at PolitiJim.com.