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DEMINT: The Constitution is the precedent
The Washington Times ^ | June 29, 2010 | Sen Jim DeMint

Posted on 06/29/2010 2:20:42 PM PDT by BradtotheBone

When a president and a Congress collude to pass and sign into law unconstitutional power grabs, bailouts and takeovers there is only one immediate backstop: the Supreme Court. Every branch of government has an obligation to preserve, defend and uphold the Constitution, and if the legislative and executive branches overstep their boundaries, the judicial branch can stop then.

On the other hand, if the Supreme Court doesn't say "no" when the other two branches go too far, there is no tax that can't be levied, no mandate that can't be imposed, no regulation that can't be instituted and no industry that can't be taken over. The only recourse Americans have is to slowly remove and replace members of Congress and the president through the election process. But when Supreme Court judges, who are unelected and given lifetime appointments, refuse to say "no" when the Constitution says they should, it can take much longer to undo the damage.

Judges who rely on flawed precedent or their own "judgment" instead of the Constitution to justify their rulings can say "yes" to anything. This is precisely how liberal judges have rubber-stamped tyrannical actions by the government in the past and how they will do it in the future.

On these grounds, I feel compelled to oppose Solicitor General Elena Kagan's nomination to the Supreme Court. During my private meeting with her, I asked Ms. Kagan questions about the limits of federal power. Her answers indicated her judicial philosophy is not grounded in the Constitution, and she would grant too much deference to precedent.

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


TOPICS: Editorial; Government
KEYWORDS: constitution; daman; demint; ussc
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1 posted on 06/29/2010 2:20:45 PM PDT by BradtotheBone
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To: BradtotheBone

“Dude, Welcome to Wal-Mart. Far out, man!”


2 posted on 06/29/2010 2:24:02 PM PDT by Revolting cat! (Let us prey!)
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To: Revolting cat!

Dude, wrong thread!


3 posted on 06/29/2010 2:24:45 PM PDT by Revolting cat! (Let us prey!)
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To: BradtotheBone
'Judges who rely on flawed precedent or their own "judgment" instead of the Constitution to justify their rulings can say "yes" to anything. This is precisely how liberal judges have rubber-stamped tyrannical actions by the government in the past and how they will do it in the future.'

This ought to be sufficient reason to impeach and remove them for mal- or mis-feasance in office.

4 posted on 06/29/2010 2:26:10 PM PDT by Paine in the Neck (Napolean fries the idea powder.)
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To: BradtotheBone

Her answers indicated her judicial philosophy is not grounded in the Constitution, and she would grant too much deference to precedent.

:::::::::::

This we have known and he confirms. Now, the serious question is what will the Republicans to do stop the literal destruction of the Constitution as the core of our law allowing liberal tyrants to literally rule our country? Anyone can state facts, but only actions will stop these anti-Constitution tyrants.


5 posted on 06/29/2010 2:27:02 PM PDT by EagleUSA
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To: BradtotheBone

These words mean nothing to me unless he tries to do something to stop it.


6 posted on 06/29/2010 2:28:23 PM PDT by RummyChick
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To: RummyChick

He is one senator. He IS trying to stop it. For starters, he is trying to organize a filibuster and he is educating the American people to oppose this marxist.

It won’t be DeMint who lets us down, it will be the RINOs, once again.


7 posted on 06/29/2010 2:32:48 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: BradtotheBone

“In the case of The United States vs. The British Government (1787) is sets the precendent that all citizens have the right to free speech...”

The consitution translated for liberal precedent minded fools.

Don’t the Liberals ever understand that sometimes there can be set a bad precedent?


8 posted on 06/29/2010 2:33:29 PM PDT by GraceG
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To: pissant

Then, I am all for him and support him all the way.
Hatch has already said no filibuster.

I am sick of politicians who pander to the public with words and dont back it up with actions.

The whole Senate interrogation /testifying/pandering circus makes me ill -especially Lindsey Graham.


9 posted on 06/29/2010 2:35:46 PM PDT by RummyChick
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To: BradtotheBone; upchuck

DeMint Ping!


10 posted on 06/29/2010 2:37:48 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: BradtotheBone

Some info I came across that I might as well post here...
-
Although the mechanism for doing so exists,
NO supreme court justice has EVER been removed from office.

A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official under Articles I and II of the Constitution.

Article III, Section 1 states that judges of Article III courts shall hold their offices “during good behavior.” “The phrase “good behavior” has been interpreted by the courts to equate to the same level of seriousness ‘high crimes and misdemeanors” encompasses.

Only one Supreme Court Justice, Samuel Chase (one of the signatories to the Declaration of Independence), has ever been impeached. The House of Representatives accused Chase of letting his Federalist political leanings affect his rulings, and served him with eight articles of impeachment in late 1804. The Senate acquitted him of all charges in 1805, establishing the right of the judiciary to independent opinion. Chase continued on the Court until his death in June 1811.

In 1957, at the height of McCarthyism, the Georgia General Assembly passed a joint resolution calling for “The Impeachment of Certain U.S. Supreme Court Justices” believed to be enabling Communism with their decisions. The resolution targeted Chief Justice Earl Warren and Associate Justices Hugo Black, William O. Douglas, Tom Campbell Clark, Felix Frankfurter, and Stanley Forman Reed (as well as several unnamed deceased Justices) for usurping the congressional power to make law in violation of Article I, Sections I and 8, and violated Sections 3 and 5 of the 14th Amendment and nullified the 10th Amendment of the Constitution.

Abe Fortas, who served on the Supreme Court from 1965-1969, was almost impeached due to a tax and financial scandal involving Wall Street financier, Louis Wolfson. Fortas was a Lyndon Johnson appointment. When the new President, Richard Nixon, learned of the scandal, he reportedly said Fortas should be “off of there,” referring to the Supreme Court. The House of Representatives had already taken preliminary steps toward impeachment. Chief Justice Earl Warren urged Justice Fortas to resign, to save the reputation of the Court. Fortas resisted at first, but eventually told other members of the Court he was stepping down to avoid damaging his wife’s legal career. Later, he admitted another reason for leaving the Court was to save his friend, William O. Douglas, who was also under investigation for judicial impropriety. The House of Representatives finally concluded Douglas had committed no impeachable offenses and dropped the investigation.


11 posted on 06/29/2010 2:39:27 PM PDT by Repeal The 17th (If November does not turn out well, then beware of December.)
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To: BradtotheBone

Thanks for the post!


12 posted on 06/29/2010 2:39:56 PM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
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To: BradtotheBone
"...if the legislative and executive branches overstep their boundaries, the judicial branch can stop then..."

Not with our new democrat party.

See tagline

13 posted on 06/29/2010 2:42:52 PM PDT by skimbell (A vote for a democrat is a vote against America.)
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To: BradtotheBone
That's why it's called a system of checks and balances. The lefties in Congress and the Pres_ent have both excoriated the SCOTUS for rulings which which they disagree. Both have opted to write more unconstitutional laws in hopes of dragging out the policies long enough to benefit in the next election...before the SCOTUS can slap them down again.
14 posted on 06/29/2010 2:43:01 PM PDT by Myrddin
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To: RummyChick

Yep. I get ill thinking of the RINOs who will swoop in and vote for this communist dyke.


15 posted on 06/29/2010 2:51:03 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: jazusamo; alrea; Amanda King; americanophile; Artemis Webb; Babsig; Canticle_of_Deborah; ...
Thanks jaz.

  
Jim
DeMint
Ping!

Want on or off this ping list? Just FReepmail me.

Follow Sen. DeMint on Twitter.

Jim is running for reelection this November. If you like his philosophy, consider tossing him some bucks.

16 posted on 06/29/2010 2:51:17 PM PDT by upchuck (Don't let freedom slip away. After America, there is no place to go ~ Kitty Werthmann - Google her.)
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To: Repeal The 17th
The phrase “good behavior” has been interpreted by the courts to equate to the same level of seriousness ‘high crimes and misdemeanors” encompasses.

The House decides what is an impeachable offense. Our Framers discussed booting judges for misinterpretation/usurpation of the Constitution.

Congress can trim the wings of the court under Article III Section 2, "Exceptions, and under such Regulations . . ."

17 posted on 06/29/2010 3:14:32 PM PDT by Jacquerie (We live in a judicial tyranny - Mark Levin)
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To: Jacquerie

“Congress can trim the wings of the court under Article III Section 2, “Exceptions, and under such Regulations...”
-
“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.”
-
Please be so kind as to try to ‘splain this to my thick head. Thanks.


18 posted on 06/29/2010 3:39:55 PM PDT by Repeal The 17th (If November does not turn out well, then beware of December.)
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To: pissant

” Yep. I get ill thinking of the RINOs who will swoop in and vote for this communist dyke. “

We should go after anyone who does!


19 posted on 06/29/2010 3:44:24 PM PDT by stephenjohnbanker (Support our Troops, and vote out the RINOS!)
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To: BradtotheBone

sfl


20 posted on 06/29/2010 3:46:17 PM PDT by phockthis
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