Get this...
Republicans could fire all of Obama's liberal judges, create a new lower court system, and make Obama nominate a brand new set of federal judges.
If Obama wants to play "chicken" with the Constitution, then so can Congress.
Article III Section 1 says:
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.
Congress can redo the entire inferior court structure, disbanding the current courts and building up a new court, without passing a bill that requires Obama's signature. Article III gives CONGRESS the power to establish courts, so a Presidential signature would abolish that Congressional power. Also, this is not a court-packing scheme because it does not involve the Supreme Court, only the lower courts.
A bold Congress should float the idea that they will disband all of the liberal-leaning lower judiciary and replace it with a new judiciary structured around today's demographic realities. That could mean: changing the circuits to map to different states, replacing state-based circuits with something else (how about, citizen courts, resident alien courts, "other courts"?).
What do you think?
-PJ
In 2011 Newt Gingrich at Values Voter Summit – How to Fight Back Against Out-of-Control Judges speech Newt said at the 4:54 mark: “One of the major reasons that I am running for President of the United States is the 9th Circuit Court decision in 2002 that ‘One Nation Under God’ in the Pledge of Allegiance was unconstitutional”
At the 6:48 mark, Newt says: “…because if judges think they are unchallengeable they are inedible corrupt. Corrupted in a moral sense. I don’t mean taking money, but I mean in a sense of arrogance, in the sense of imposing on the rest of us. Whether it is one judge in California deciding he knows more than 8 million Californians about the definition of marriage, whether it is a judge San Antonio who rules that not only can school children can not say a prayer at their graduation, they can not use the word benediction, they can not use the word invocation, they can not use the word God, they can not ask the audience to stand, and if they do any of these things, he will lock up their superintendent.
Now the idea of an American judge becoming a dictator of words is so alien to our tradition, and such a violation of our Constitution as I will explain in a moment, that that judge should be removed from office summarily. “
At the 10:53 mark, Newt says: “Jefferson is the most clear example of taking on the judiciary, in the Judicial Reform Act of 1802, the Jeffersonians eliminated 18 out of 35 federal judges. Didn’t impeach them, just abolish their office and told them to go home.
Now I’m not, let me be clear, I am not as bold as Jefferson. I think the judge in San Antonio would be an important initial signal and I think the 9th Circuit Court should be served notice that it runs the risk of ceasing to exist.”
I don't think I understand this sentence - that doesn't sound like a good thing - the President could abolish Congress's power?
I forget the name of the GOP senator who said that congress could reduce the entire federal court system to John Roberts sitting at a card table with a candle.
AFAIK, every lower court was created via a bill signed by a president. If I am wrong I would like to be set right.
If true, wouldn’t it take a statute to repeal the law which created a lower court?
I think its a great idea. Shut down the ninth circus. Send them all home with pay and start over.
I think you are a genius!!!
This was one of Newt's best points back in the primary, but was mostly ridiculed by the GOPe.