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Courts still need restraint - (Tom Delay's remedy; impeach judges, or change the law?)
BOSTON HERALD.COM ^ | APRIL 20, 2005 | GUY DURST

Posted on 04/20/2005 4:02:56 PM PDT by CHARLITE

The Terri Schiavo case so outraged House Republican leader Tom DeLay that he has all but declared war on the judiciary. Heaven knows judicial arrogance needs discussion, but a politician under siege for alleged ethics violations who is upset over a single outcome that two-thirds of the country agrees with is not the person to get discussion going.

After federal courts refused to act in the Schiavo case despite the new jurisdiction that Delay helped create, DeLay said the courts had ``run amok'' in abortion and school prayer cases. Congress, he said, ``must make sure the judges administer their responsibilities.''

Some conservative activists started muttering about impeaching Supreme Court Justice Anthony Kennedy (he's the author of a few recent decisions they don't like).

Other GOP leaders were aghast, fearing that the hullabaloo would threaten their effort to win Senate votes on judicial nominees threatened with filibuster. And sky-is-falling editorial writers wondered if the judiciary would survive.

The uncomfortable fact is that DeLay is on to something. Judges at all levels all over the country long have been throwing precedent and logic to the winds to reach results they want. In Massachusetts we recall federal Judge W. Arthur Garrity's failed experiment in running the Boston schools and our Supreme Judicial Court's more recent discovery of a ``right'' of gays to marry. We are not alone.

Activist judges seem to have forgotten that their decisions must be judged reasonable both by people who don't like the result and people who do. Case in point: Kennedy's opinion outlawing the death penalty for 16-year-olds and 17-year-olds. Using the trend of laws in other countries to justify it strikes us as unreasonable indeed.

There are a number of tools that can be used legitimately against out-of-bounds judges. (Cutting court budgets is not one.) The Constitution grants Congress power over the Supreme Court's jurisdiction. The framers thought impeachment was the remedy for judges guilty of ``a series of deliberate usurpations'' - a series, not a single case (``The Federalist,'' No. 81). Ending nomination filibusters can be thought of as another. As 11 states reminded us last November, constitutions can be amended. New laws can be enacted.

If any of this is undertaken, it should be done soberly. In an ideal world, it would be led by public figures of stature who are not involved in partisan politics.

The Schiavo case has precious little to do with the problem. In her case, all the judges applied the law as they found it. If it takes up DeLay's request to examine the actions of the federal courts in this case, the House Judiciary Committee should concentrate on whether changes are needed in the law, not the judges.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: anthonykennedy; courts; delay; federalcourts; filibuster; impeachment; judgegreer; judges; judiciary; reform; scotus; terrischiavo; tomdelay
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To: All; IleeneWright

Too many RINOs. In New York City REPUBLICAN Mayor Bloomberg tried (and maybe succeeded) a number of years ago to pressure doctors (interns) into learning how to do abortions, whether they wanted to or not.

REPUBLICAN Mayor Bloomberg just received the (evil) NARAL Champion of Choice Award.

Now NYC has approved the "morning after" pro-abortion pill in NYC, according to today's NYPost.

I called the National Republican Committee at 202-863-8500 (I had to hit #3 because the #1 comment line was full when I called) and told them that if they have a pro-life platform they ought to keep tabs on their pro-death Republicans throughout the country, like Judge Greer, et al.

My husband called them and said he will not send them $$


81 posted on 04/22/2005 4:59:48 PM PDT by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: floriduh voter

All THAT and so much more FV! Terri was totally denied DUE PROCESS! She NEVER had consistent representation, in her absence, let alone aloud to address the court!

The Guardian ad Litem that Greer appointed was completely IGNORED by the court, upon turning in the report he was odered by greer to complete. Why? Perhaps because the Guardian recognized terri's right to due process, thus he recommended that Terri be assigned a guardian ad litem, either himself, or anoher.

Because the GAL clearly found no evidence of clear and convincing evidence as to Michael schiavo, given the clear and convincing evidence, which was a conflict of interest!

Because the GAL DID not recommend that MS petition be granted, thus not recommending the feeding tube be removed, which was the core reason why Greer assigned a GAL to conduct an investigation and file a report!

Yet, Greer KICKED HIM OUT, because FELOS cried *BIAS*!

How many people know that the GAL's report also indicates that Terri responded to DEEP PAIN stimuli? No functioning CORTEX they say?

**Then, the stomach lining dries out, causing vomiting and dry heaves. Brain cells dry out, too, causing convulsions. The respiratory tract dries out and thick secretions develop, a process that may plug the lungs and airways. Eventually, after the body suffers all these effects, all the major organs fail, including the lungs, heart and brain.***

YOU forgot these additional details of Terri's gruesome "DEATH PROCESS"!

ALL OF THE VITAL ORGANS BEGIN TO LITERALLY *CRACK*!


82 posted on 04/22/2005 5:08:59 PM PDT by IleeneWright
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To: All

Rush was talking about this interesting article (link below):

As my friend put it: "An extremely thought-provoking article, very short but enlightening, on how
the filibustering is related to the original Supreme Court decisions, appeared
this morning in the D&C (Roe’s Birth and Death by David Brooks) and can be
read in the NY Times."

(http://www.nytimes.com/2005/04/21/opinion/21brooks.html?ex=1114747200&en=5a719996e3f8ae43&ei=5070)


83 posted on 04/22/2005 5:09:30 PM PDT by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: All; Jim 0216

Maybe it would be better to contact your U.S. senators directly. The stopactivisitjudges.org site seems to be down on and off. I don't know if it's being hacked, or getting so much traffic that it goes down.

Please call your U.S. Senators and tell them you want them to vote for the nuclear option to end filibusters for judicial nominees.

You can find their numbers by clicking here:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

It is more effective to call your U.S. senators, but if you cannot, please click here:

http://www.capwiz.com/nrlc/issues/alert/?alertid=7354231&type=TA


84 posted on 04/22/2005 5:17:36 PM PDT by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: IleeneWright
Yes but maybe not the right application or version. Can you send me a copy of the declaration?

jnewell@uct.com

Thanks.
85 posted on 04/22/2005 5:19:03 PM PDT by Jim W N
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To: IleeneWright
Yes, this is a disgusting chapter in American history. When Nat Hentoff from the Village Voice, Ralph Nader, David Boies and Joe Lieberman join with Rep. Dave Weldon, Tom Delay and Jim Robinson to say that it was wrong to kill Terri, that's a new kind of coalition that represents a backlash against the euthanazis that has nothing to do with party or ideology.

It was inhumane, illegal and barbaric and millions of people worldwide know it.

86 posted on 04/22/2005 6:38:19 PM PDT by floriduh voter ( Demand the Investigation of Judge Greer. Call Your US Senate & House Members)
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To: Sun

Well, if she's going to a pro-life state, we know Mae's NOT COMING TO FLORIDUH, the starvation state.


87 posted on 04/22/2005 6:39:12 PM PDT by floriduh voter ( Demand the Investigation of Judge Greer. Call Your US Senate & House Members)
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To: floriduh voter; IleeneWright; eeevil conservative

When I called Charlie Crist office about Terri, the receptionist said to me "Ohhhhh, you're from out of state," and her tone made me think she was hinting that I should not call. I said, yes I am, and I have been considering on retiring in Florida when the time comes, but now if I relocate I will go to another warm state.

(Retiress would be NUTS to retire in Florida after this.)

eeevil conservative, I remember reading, possibly on your website, that Grandma Mae was taken to another state, a more pro-life state, but I can't remember what the state is. Do you know? Thanks.


88 posted on 04/22/2005 6:56:50 PM PDT by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: Jim 0216; All

Hi Jim!

I don't know HOW I did this....but I did! lol I actually copied the pdf text to my word and copy/pasted! You have no idea how long I've been trying to figure THAT out! :)
Geeesh I hope I can remember how I did this!

So sorry it took so long, but I saw your post about 20-30 minutes ago and have been trying to figure this thing out ever since!

Here's the DECLARATION:

Declaration of Constitutional Restoration


The United States of America has been uniquely blessed among nations because it was founded as a nation “under God” upon Biblical principles of
liberty, virtue, and self government.

The Founders in the Declaration of Independence emphatically stated the self-evident truth that God, not government, confers inalienable rights — chief
among them “life, liberty and the pursuit of happiness.”

We, the undersigned, believe that America has been blessed, because, throughout our history, Americans have publicly acknowledged God as the
Creator and honored Him.

We believe that America is in grave danger because, increasingly, the judicial branch of our government has become hostile to the concept of faith and
to people of faith.

Where the contributions of religion once were celebrated by our government and protected as necessary for the public welfare, today, many judges are
determined to prohibit any public manifestation of faith. Not only does this fly in the face of history, it also contradicts such expressions of civic
religion as “In God We Trust” on our currency and the President taking his oath of office on a Bible.

What our courts once protected and celebrated they now forbid, under the guise of the “separation of church and state” — a phrase not found in the
Constitution and a concept foreign to establishment clause constitutional jurisprudence prior to 1947.

The American people are being told to deny their heritage and disavow the truth upon which our Republic was founded. Judges are rewriting our
history, destroying representative government and unconstitutionally forcing on the nation radical social experiments — including same-sex marriage
and a culture of death.

We therefore call upon the Congress of the United States to exercise its constitutional authority to stop judicial tyranny – the revision of the original
meaning of the text of the Constitution under the guise of interpretation. At a bare minimum, we believe the following is necessary to stem the rising
tide of judicial tyranny:

1) The Senate should restore its long standing tradition by no longer allowing the minority to block a vote to confirm judicial nominees.

2) Congress should withdraw jurisdiction from all federal courts to hear any challenge to the Defense of Marriage Act, state marriage acts, or state
marriage constitutional provisions defining marriage as a relationship between one man and one woman, which are claimed to be a violation of the U.

S. Constitution.
3) Congress should withdraw jurisdiction from all federal courts to hear all challenges to the acknowledgment of God as a violation of the First
Amendment Establishment clause, rightfully returning these matters to the individual states.

4) Congress must impeach and remove Supreme Court justices and judges of the lower federal courts who insist on substituting their own views for
the original meaning of the Constitution.

5) Congress must impeach and remove Supreme Court justices and judges of the lower federal courts who base a decision of Constitutional
interpretation in whole or in part on foreign law.

6) When and where appropriate, Congress should reduce or eliminate the funding of federal courts, the salaries of judges excepted, that overstep their
constitutional authority.

Constitutionally defiant judges have brought us to a national crisis. Such activist judges have abandoned their legitimate role, usurped the authority of
the other branches of government and created a tyranny far worse than that which the Founding Fathers rebelled against.

Therefore, firm measures are now required to preserve, protect, and defend our Constitution from out-of-control judges bent on forcing their will on
the American people.

We the undersigned appeal to Almighty God to be merciful to these United States of America and request His Divine assistance in restoring our
Republic once again to be “One Nation Under God” with religious liberty and justice for all.

Here's the ADOBE download center as well:
http://www.adobe.com/products/acrobat/readstep2.html


89 posted on 04/22/2005 8:12:30 PM PDT by IleeneWright
[ Post Reply | Private Reply | To 85 | View Replies]

To: All

Here's the DECLARATION:

Declaration of Constitutional Restoration


The United States of America has been uniquely blessed among nations because it was founded as a nation “under God” upon Biblical principles of
liberty, virtue, and self government.

The Founders in the Declaration of Independence emphatically stated the self-evident truth that God, not government, confers inalienable rights — chief
among them “life, liberty and the pursuit of happiness.”

We, the undersigned, believe that America has been blessed, because, throughout our history, Americans have publicly acknowledged God as the
Creator and honored Him.

We believe that America is in grave danger because, increasingly, the judicial branch of our government has become hostile to the concept of faith and
to people of faith.

Where the contributions of religion once were celebrated by our government and protected as necessary for the public welfare, today, many judges are
determined to prohibit any public manifestation of faith. Not only does this fly in the face of history, it also contradicts such expressions of civic
religion as “In God We Trust” on our currency and the President taking his oath of office on a Bible.

What our courts once protected and celebrated they now forbid, under the guise of the “separation of church and state” — a phrase not found in the
Constitution and a concept foreign to establishment clause constitutional jurisprudence prior to 1947.

The American people are being told to deny their heritage and disavow the truth upon which our Republic was founded. Judges are rewriting our
history, destroying representative government and unconstitutionally forcing on the nation radical social experiments — including same-sex marriage
and a culture of death.

We therefore call upon the Congress of the United States to exercise its constitutional authority to stop judicial tyranny – the revision of the original
meaning of the text of the Constitution under the guise of interpretation. At a bare minimum, we believe the following is necessary to stem the rising
tide of judicial tyranny:

1) The Senate should restore its long standing tradition by no longer allowing the minority to block a vote to confirm judicial nominees.

2) Congress should withdraw jurisdiction from all federal courts to hear any challenge to the Defense of Marriage Act, state marriage acts, or state
marriage constitutional provisions defining marriage as a relationship between one man and one woman, which are claimed to be a violation of the U.

S. Constitution.
3) Congress should withdraw jurisdiction from all federal courts to hear all challenges to the acknowledgment of God as a violation of the First
Amendment Establishment clause, rightfully returning these matters to the individual states.

4) Congress must impeach and remove Supreme Court justices and judges of the lower federal courts who insist on substituting their own views for
the original meaning of the Constitution.

5) Congress must impeach and remove Supreme Court justices and judges of the lower federal courts who base a decision of Constitutional
interpretation in whole or in part on foreign law.

6) When and where appropriate, Congress should reduce or eliminate the funding of federal courts, the salaries of judges excepted, that overstep their
constitutional authority.

Constitutionally defiant judges have brought us to a national crisis. Such activist judges have abandoned their legitimate role, usurped the authority of
the other branches of government and created a tyranny far worse than that which the Founding Fathers rebelled against.

Therefore, firm measures are now required to preserve, protect, and defend our Constitution from out-of-control judges bent on forcing their will on
the American people.

We the undersigned appeal to Almighty God to be merciful to these United States of America and request His Divine assistance in restoring our
Republic once again to be “One Nation Under God” with religious liberty and justice for all.


90 posted on 04/22/2005 9:15:34 PM PDT by IleeneWright
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To: CyberAnt

"It's not an "oath to the USA" it's an oath to uphold the basic law of America - the Constitution. I don't care who a judge votes for or what church they go to .. I expect them to follow the rule of law in the Constitution - not their own personal policy preferences."

Same thing. That is a solemn oath. And the wording is clear in the Constitution. That monument did nothing to establish a religion. Not a single person was persecuted for his religious beliefs, other than Judge Roy Moore. The established religion is the Baby-Killing Law. Ten Commandments monuments would be one step to help put that 'almighty law' in its place. THOU SHALT NOT KILL.


91 posted on 04/23/2005 3:08:54 AM PDT by Arthur Wildfire! March (<<<< Profile page streamlined, solely devoted Schiavo research)
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To: Sun

(Retiress would be NUTS to retire in Florida after this.)


ROFLOL!!!


92 posted on 04/23/2005 6:12:16 AM PDT by IleeneWright
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To: Sun
When I called Charlie Crist office about Terri, the receptionist said to me "Ohhhhh, you're from out of state,"

And they are from another planet at the Fla AG's office.

93 posted on 04/23/2005 10:06:01 AM PDT by floriduh voter ( Demand the Investigation of Judge Greer. Call Your US Senate & House Members)
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To: floriduh voter

Ex in chart form of conflicting testimony of Michael Schiavo
Sun Apr 24, 2005 13:57
68.210.40.16

http://tekgnosis.typepad.com


94 posted on 04/24/2005 10:17:03 AM PDT by pc93 (http://tekgnosis.typepad.com)
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To: IleeneWright
Thanks Ileene. I seem to have lost the link to whatever we were going to sign regarding this declaration. If you can, please forward the link.

Thanks again,

Jim
95 posted on 04/25/2005 9:01:58 AM PDT by Jim W N
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