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To: Scoutmaster

That’s a rather roundabout explanation, and anyway has nothing to do with the actual case. Ifsoever Congress attempted to control the judiciary in that manner I think it might run afoul of the ban on bills of attainder. They could only really punish classes of judges, and that would be an inefficient way to get them back for specific rulings.

Judges couldn’t forestall Congress from reducing salaries on whole classes of judges because they may be punitive. Congress does, after all, hold the purse strings. That is their check (or balance); the judiciary can’t take it away.

By the way, if Congress wants to punish judges for bad rulings the correct route is impeachment. It was a sad day for the Republic whenever it was we decided to against political impeachment.


22 posted on 12/14/2012 1:11:34 PM PST by Tublecane
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To: Tublecane
That’s a rather roundabout explanation, and anyway has nothing to do with the actual case.

I didn't mention the actual case; I responded to an extremely general question.

I also didn't mention the decrease in salary of an individual judge's salary. Your original general question used the word "judges" without an apostrophe. It wasn't clear whether you were referring to an individual judge (judge's) or two or more judges (judges'), and I interpreted your question to mean an entire class of judges.

I apologize.

28 posted on 12/14/2012 2:07:53 PM PST by Scoutmaster (You knew the job was dangerous when you took it)
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