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Impeachment: Always an Option
Wallbuilders ^ | 2002 | David Barton

Posted on 03/24/2005 4:09:38 PM PST by ManHunter

The Founders' intent for impeachment was to protect the fundamental principle of “the consent of the governed.” The Constitution carries no title but “We the People,” and impeachment removes from office those officials who ignore that standard. (Recall that the Constitution does not guarantee a federal judge his position for life, but only for the duration of “good behavior.” Art. III, Sec. 1)

For this reason impeachment was used whenever judges disregarded public interests, affronted the will of the people, or introduced arbitrary power by seizing the role of policy-maker. Previous generations used this tool far more frequently than today's generation; and because the grounds for impeachment were deliberately kept broad, articles of impeachment have described everything from drunkenness and profanity to judicial high-handedness and bribery as reasons for removal from the bench. (Sixty-one federal judges or Supreme Court Justices have been investigated for impeachment, of whom thirteen have been impeached and seven convicted.)

Today's judiciary, not having experienced any serious threat of impeachment as judges in earlier generations, repeatedly flaunts its contempt for the will of the people. It recently has overturned direct elections in Washington, New York, California, Arkansas, Texas, Missouri, etc., simply because it preferred a different outcome. This is not to suggest that the results of all citizen elections are final and infallible, for it is the duty of the Court to protect the Constitution. However, the above elections violated at most the judiciary's ideological leanings rather than any manifest provision of the Constitution (e.g., English as a State's official language, ending government assistance for illegal immigrants, enacting term-limits, prohibiting physician-assisted suicides).

For full text, go to link.

(Excerpt) Read more at wallbuilders.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government
KEYWORDS: davidbarton; impeachment; judges; moneychangerintemple; pharisee; separationofpowers
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Although written two years ago, this essay by David Barton gives what I believe to be a pretty good perspective on ways to reestablish the concept of separate but equal branches of government.

Unlike others here on FR, I don't see the Terri Schiavo case so much as a federal v. states rights issue, but rather a struggle between the executive and legislative branches and the judicial. I pray that some miracle will occur that will allow Terri Schiavo's condition to be fully evaluated and finally allow the people who love her to make an informed decision regarding her care. Whether that occurs or not, the time is long past for Congress to fully assert its will and establish itself as a branch of government coequal to the judiciary. What better charge to bring before the House than contempt of Congress and gross malfeasance in office contributing to the death of an innocent woman?

Will it happen, no. Would a debate and vote on the issue serve notice on the men and women in black? I think so - at least for a time.

1 posted on 03/24/2005 4:09:39 PM PST by ManHunter
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To: ManHunter
Seven Convicted

Seven convicted.
Seven in Two Hundred and Sixteen Years.

This is not something to undertake lightly.
This is not something you do because you are pissed at the verdict in one case, no matter how wrongheaded.

This is something traditionally reserved for Judges who are proven corrupt, who sold their decisions, or were already convicted of other felonies.

So9

2 posted on 03/24/2005 4:16:10 PM PST by Servant of the 9 (Trust Me)
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To: ManHunter

Congress should remove Greer. They have the right in the Constitution to do so, article 3 that Rush keeps referring to. Then with Greer out of the way, Pres. Bush makes an emergency appointment, which he can do by executive order. Appoint a Terri friendly judge to hear the case "In Nuovo" as per the law just passed on Sunday night. Meanwhile, the feeding tube goes back in, in the interim.


3 posted on 03/24/2005 4:17:18 PM PST by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
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To: ManHunter

Wasn't that tried with Clinton? Big waste of time. Let's try something that works, not something that makes us feel good.


4 posted on 03/24/2005 4:19:52 PM PST by popdonnelly
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To: Servant of the 9

"This is not something to undertake lightly.
This is not something you do because you are pissed at the verdict in one case, no matter how wrongheaded."


Words of wisdom...


5 posted on 03/24/2005 4:20:00 PM PST by Blzbba (Don't hate the player - hate the game!)
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To: infidel29
I agree but, sadly, I believe that it is already too late. What's important here is to not let the outrage fade.

It is important that Judge Greer be dealt with and removed from office. It is not only Greer. There are others as well.

6 posted on 03/24/2005 4:22:55 PM PST by davisfh
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To: davisfh
"I agree but, sadly, I believe that it is already too late."

I'm afraid I'll have to second your thoughts here. She's been a fighter all these years, but I think this may finally be too much. Although I'm still praying for her and an Easter miracle.

7 posted on 03/24/2005 4:25:48 PM PST by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
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To: infidel29

I think the best argument they had with this case was the fact that Greer ordered she not be fed orally. That went beyond Terri's wishes even if she did say "no tubes". He ordered an illegal assisted suicide, not just pulling the plug.


8 posted on 03/24/2005 4:27:11 PM PST by 1Peter3v14
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To: popdonnelly
Wasn't that tried with Clinton? Big waste of time.

The 'waste of time' in the Clinton impeachment started with those in Congress and the Senate who ignored their sworn duty.

9 posted on 03/24/2005 4:29:06 PM PST by Michael.SF. (Does anyone remember Billy Dale? Did the Democrats ever care?)
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To: ManHunter

You know I don't think the constitution actually requires impeachment to remove judges, who are there "on their good behavior", I think impeachment applies only to elected officials.


10 posted on 03/24/2005 4:29:46 PM PST by rottweiller_inc
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To: 1Peter3v14

Greer's excuse that "she could choke to death" just made my head hurt.


11 posted on 03/24/2005 4:31:48 PM PST by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
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To: ManHunter

It's not a matter of being "pissed at the outcome". It is a matter of state and federal judges thumbing their nose at a law that was passed in accordance with the Constitution, which specifically grants to Congress the authority to establish jurisdiction for the courts. In this case, congress directed a de novo review of the case; to wit, a complete review of all of the evidence - pro and con. Greer ignored a Congressional subpoena, and Whittemore ignored the specific intent of Congress, as did the 11th Circuit by merely affirming the decision of a state court judge.

I listened to Rick Santorum on Hannity's show this afternoon and, when questioned about the defiance of the law passed and signed last weekend, he indignantly stated, "Well, this is going to certainly lead to calls for hearings on the subject." I can see the judges shaking in their boots at the prospect of that. When was the last time a federal judge was even compelled to appear before Congress?

The vast majority of us - my self included - have whined about the run away power and arrogance of the judiciary. Is there another option for restoring some sanity to the court system?


12 posted on 03/24/2005 4:31:50 PM PST by ManHunter (You can run, but you'll only die tired...)
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To: davisfh

The outrage will fade - and quickly. 3,000 people died on Sept. 11th and look at how governments at all levels tiptoe around the subject of Islamic terrorism. At some point, judges have to be held accountable for their actions and IMHO, that time has long since passed.


13 posted on 03/24/2005 4:35:17 PM PST by ManHunter (You can run, but you'll only die tired...)
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To: Servant of the 9

Title: Judge Greer Should Be Impeached NOW!
Source: email
URL Source: http://none
Published: Mar 20, 2005
Author: John J McDougall
Post Date: 2005-03-20 19:30:28 by malador
149 Comments


Imagine for a moment that you are a Circuit Court Judge. A terrified woman comes before your Court pleading for her life. She testifies, under oath, that her violent and demented husband raped her, set her clothes on fire and threatens to kill her. She needs your help and petitions your court for an Injunction for Protection. What would you do? Well, this is what a real Circuit Court Judge of the Sixth Judicial Circuit Court of Florida; by the name of Judge George W. Greer decided.

He actually had this exact case come before his bench seven years ago, when Helene Ball McGee, from Dunedin Florida pleaded with him to grant her an Injunction for Protection. Helene was in absolute fear for her life. Judge George W. Greer, however, refused to help her, because (according to him) she had not shown him enough proof that her husband was physically violent yet. Two weeks later her deranged husband, Bobby Lane McGee, stabbed her to death. Perhaps if Bobby Lane McGee, had raped Judge Greer first, he would have had a much better insight into the physically violent nature of her husband.

Now this same gender-biased Judge, with utter disdain for women, is the same Judge in charge of the Terri Schindler Schiavo Case. True to form, this Judge continues to ignore the Constitutional rights of Due Process for Terri Schindler Schiavo, in much the same way he did to Helene Ball McGee, who was violently murdered seven years ago this month. Terri who is physically disabled, has trouble swallowing food on her own and because of this Judge Greer has seen fit to order her feeding tube removed. Her Court appointed 'Guardian' husband who has since abandoned her for another woman, (with whom he has fathered two children) wants her dead and has asked Judge Greer's permission to use hundreds of thousands of dollars from her Medical Trust Fund Money to pay his blood-sucking lawyers to find a way to make this happen.

It worked. Judge George W. Greer has now ignored her parents plea for help and has ordered Terri's execution by starvation and dehydration to begin on March 18, 2005. This cruel, torturous, and horrifying death of yet another woman before his Court will take up to 10 days of horrific suffering to cause her to die. But Judge Greer is not without mercy, no sir; he will allow her parents permission to stay and watch their daughter starve to death.

What is wrong with this picture? Is this the same United States of America, whose US Supreme Court is inscribed with the words, 'Equal Justice under law.' While Terri starves and cries out for justice; our distinguished Supreme Court Justices will be too busy to hear, because they will be deciding how best to abolish those embarrassing 'Ten Commandments' of which, the Fifth Commandment is, 'Thou shall not kill.'

God help us. Every person of conscience in this Country should be ready to travel to the Sixth Judicial Circuit Court House, in Pinellas County Florida, and scream at the top of their lungs, that this is Murder! This is Murder! This is Murder!

John J McDougall, retired Florida Sheriff of Lee County Florida.

Hmmmmm since judge Greer later said she never complained that she was afraid of her husband and therefore he was correct, WHAT COURTROOM WAS HE IN????? Did he sleep through the whole trial? OR is he totally incompetent or is he someone we should fill the judiciary with???

Maybe we need a 3 strikes and you are out for judges, or may be, just maybe we should hold judges to a higher standard with active impeachment of judges who disregard the law. (Ever see the list of Florida Laws that he failed to follow in Schiavo case?? FRIGHTENING!)


14 posted on 03/24/2005 4:40:22 PM PST by DelaWhere
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To: infidel29

"Congress should remove Greer. They have the right in the Constitution to do so, article 3 that Rush keeps referring to." I agree, alot of these judges should be thrown out starting with Greer. Terri is being murdered by her husband and these activist judges are helping him. You and I agree infidel29, though anyone else out there who doesn't like what I just said bring it on. I've had a hard week watching this cruelty. The House and the Senate, President Bush and Governor Bush are doing an excellent job. Comunists and Nazis are influencing America and I'm ready for the fight so bring it on. God bless America. Give Terri her 8th and 14th amendment Rights.


15 posted on 03/24/2005 4:46:46 PM PST by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
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To: Servant of the 9

Impeachment is something that needs to be undertaken early and often.


16 posted on 03/24/2005 4:50:49 PM PST by PeoplesRepublicOfWashington (Re-elect Rossi in 2005!)
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Comment #17 Removed by Moderator

To: JOE43270
The republicans need to realize that they are in power now. Stop fearing retribution from the left and start to consider their own political mortality. To paraphrase Bill Cosby, "We brought you into our government and we can take you out just as fast and put in another one just like you."

Now may not be the only time conservatives and republicans hold a majority, but to squander their chances to make significant changes to the judiciary would be an huge mistake.

18 posted on 03/24/2005 4:55:23 PM PST by infidel29 ("It is only the warlike power of a civilized people that can give peace to the world."- T. Roosevelt)
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To: Servant of the 9

This is whatever the "Governed" say it is.


19 posted on 03/24/2005 4:55:32 PM PST by Natural Law
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To: Natural Law
This is whatever the "Governed" say it is.

Mostly the "Governed" have too damned much sense to start ripping athe longest working democracy in history apart over one decision in one case.

SO9

20 posted on 03/24/2005 4:58:27 PM PST by Servant of the 9 (Trust Me)
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