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There Is No Power and No Reason to Subpoena Federal Judges
National Review Online ^
| Andrew C. McCarthy
Posted on 12/19/2011 10:54:45 AM PST by indianrightwinger
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This is the basic point that is being missed in the anger of Newties against anyone that criticizes his proposed remedy for renegade courts. Nobody is arguing you can't impeach a judge in the constitutional confines (for wrong doing), but there is no basis to subpoena, arrest, and impeach a judge for simply ruling to our dislikes.
To: indianrightwinger
Newt is in the first stages of Altzheimer`s.
To: indianrightwinger
Simple question: If separation-of-powers means that Congress cannot subpoena judges, then a practice that has been tested by those same courts and found to be Constitutional? Why is Congress's oversight authority valid for the executive, but doesn't stretch over the judicial? I think the reason is that the northeastern elitist pseudo-intellectuals have a very firm grip on the judiciary, and don't want that grip challenged.
An excellent example of the necessity of this oversight is that Kagan ought to be questioned before Congress for refusing to recuse herself in the Obamacare case.
To: Thane_Banquo
Sorry, should read, "If separation-of-powers means that Congress cannot subpoena judges, then why is Congress allowed to subpoene the executive, a practice that has been tested by those same courts and found to be Constitutional?
To: indianrightwinger
One question here. If a judge continually violates the Constitution and is not impeached, who has control of this judge?
5
posted on
12/19/2011 11:01:09 AM PST
by
RC2
To: Thane_Banquo
Indeed, a free society can only benefit from allowing judges be answerable to the representatives of the people.
It is a simple matter of accountability.
6
posted on
12/19/2011 11:03:40 AM PST
by
BenLurkin
(This is not a statement of fact. It is either opinion or satire; or both)
To: RC2
If a judge continually violates the Constitution and is not impeached, who has control of this judge? The northeastern elitists, which is why the establishment Republicans at NRO are opposing Newt's idea.
To: indianrightwinger
Subpoena Newt and see what he knows about the disappearance of Judge Crater.
8
posted on
12/19/2011 11:04:18 AM PST
by
BipolarBob
(Of all the taglines in all the posts in all the world and she read mine.)
To: indianrightwinger
There is always the power of the purse strings, congress could zero out the budget of the entire Judicial branch if they chose, defund all their staff (including security), kick them out of the federal buildings they occupy. This would seem like significant “persuasion” to make sure a Judge responds to a subpeona.
9
posted on
12/19/2011 11:04:27 AM PST
by
apillar
To: indianrightwinger
Feral Judges aren't
above the law, they
are the law.
Don't believe it?
Tell any judge what he can and can't do and see for your self...
10
posted on
12/19/2011 11:04:58 AM PST
by
null and void
(Day 1064 of America's ObamaVacation from reality [Heroes aren't made, Frank, they're cornered...])
To: apillar
There is always the power of the purse strings, congress could zero out the budget of the entire Judicial branch if they chose, defund all their staff (including security), kick them out of the federal buildings they occupy. This would seem like significant persuasion to make sure a Judge responds to a subpeona. At which point, the judges would simply issue a court order that funded the judicial branch, something they've been doing for years that is blatantly unconstitutional.
To: RC2
One question here. If a judge continually violates the Constitution and is not impeached, who has control of this judge? Satan?
12
posted on
12/19/2011 11:06:14 AM PST
by
null and void
(Day 1064 of America's ObamaVacation from reality [Heroes aren't made, Frank, they're cornered...])
To: indianrightwinger
but there is no basis to subpoena, arrest, and impeach a judge for simply ruling to our dislikes.Granted, everyone will eventually look at the 'facts' and make an unpopular decision. That goes with the job.
However, some activist judges have opted to whole-sale make laws without a shred of authority (granted by the Constitution). I offer the polarizing "Abortion" as an example. I oppose Abortion (convenience murder) ethically; however what I find even more offensive is the upsurping of authority across the US without so much as a vote. In frank honesty, this policy should be set by the "State". Some states will have constituents who support Abortion, while others states will opt to oppose this practice. According to the Constitution, powers not enumerated by the Constitution, belong to the states - this is such an example.
The judges that "upsurped" this, need to be replaced. They had no legal grounds for implimenting this - and this set a precident that has since been further encroached. Why pass a law through the complicated Legislative branch, when the Judicial branch can arbitrarily decree it? Those bums gotta go.
13
posted on
12/19/2011 11:07:39 AM PST
by
Hodar
( Who needs laws; when this FEELS so right?)
To: indianrightwinger
It would be no more appropriate for Congress to subpoena a federal judge (or that judges clerks) about the reasoning of one of the judges rulings than it would be for Congress to subpoena the president (or his top advisors) about a controversial decision that was within the presidents constitutional authority,Um, Congress did exactly that to Nixon and GW Bush (re the perfectly Constitutional firing of 8 DOiJ attorneys). And the courts upheld it.
This author is clearly ignorant of the law and history...
14
posted on
12/19/2011 11:08:28 AM PST
by
piytar
(The Obama Depression. Say it early, say it often. Why? Because it's TRUE.)
To: indianrightwinger
Much of this problem would be resolved if judges gave clear, concise, and accurate rulings which had direct constitutional basis refernced in their decisions.
It is the lack thereof which frustrates me. Consider the entire illegal alien problem right now? We have US courts ruling to ignore their own laws, punishing states and officers for enforcing those laws, and filing injunctions to prevent the application of their own laws.
15
posted on
12/19/2011 11:08:52 AM PST
by
blackdog
(And justice for all.....(Offer not valid in all locations, and prices vary))
To: indianrightwinger
I'll bet Congress can find the power to control the Judicial branch if they look deep enough into the penumbras.
16
posted on
12/19/2011 11:08:52 AM PST
by
Tex-Con-Man
(T. Coddington Van Voorhees VII 2012 - "Together, I Shall Ride You To Victory")
To: indianrightwinger
Dunno. It seems that the courts have slipped the reins and that there is no longer a check on them, or at least none that Congress is willing to apply.
17
posted on
12/19/2011 11:09:56 AM PST
by
Little Ray
(FOR the best Conservative in the Primary; AGAINST Obama in the General.)
To: indianrightwinger
Well, indiannutburger, nobody including Newt suggested impeaching them for us not liking them.
Now I know this is an actual thought and as such it is likely to simply rattle around in that vacuum box atop your shoulders... but it was suggested that judicial authority is limited under the constitution and that Congress finally start fulfilling its mandated authority to remove judges when they over reach that authority.
I know, I know, that is too simple and clear a thought for your mind, and you will continue to launch into this thread attacking Newt (who really is an unstable and crappy candidate) whether he was right on this or not.
Flame on.
18
posted on
12/19/2011 11:13:25 AM PST
by
MrEdd
(Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
To: null and void
That’s what I was afraid of.
19
posted on
12/19/2011 11:14:16 AM PST
by
RC2
To: Little Ray
20
posted on
12/19/2011 11:14:21 AM PST
by
Huck
(No.)
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