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To: Lucky Dog
Seems pretty clear cut… Not when it's a "living and breathing" document. It's old now--it very well could be developing dementia.
8 posted on 07/02/2008 6:29:42 AM PDT by SirFishalot
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To: SirFishalot
We have at our collective disposal (through our elected Representatives and Senators) the means of controlling a “runaway judiciary.” All it takes is political will to do so. Please note the excerpts from the US Constitution below:

Article. I. - The Legislative Branch

Section 1 - The Legislature

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2 - The House…

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3 - The Senate…

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 8 - Powers of Congress

The Congress shall have Power …

To constitute Tribunals inferior to the supreme Court;

Article. II. - The Executive Branch

Section 1 - The President

Section 2 - …

He shall have Power… [to] nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for…

Article III. - The Judicial Branch

Section 1 - Judicial powers.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office… [Emphasis added]

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

… In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, [with such Exceptions, and under such Regulations as the Congress shall make].[Emphasis added]
12 posted on 07/02/2008 7:20:34 AM PDT by Lucky Dog
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