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Once we get a filibuster-proof Senate and a Democratic President

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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 05:17 PM
Original message
Once we get a filibuster-proof Senate and a Democratic President
Edited on Mon Jun-25-07 05:18 PM by HawkeyeX
Shall we start impeaching the Bush judges (Alito and Roberts) and get rid of Scalia and see how Thomas quickly resigns?

As well as getting rid of Chimp-appointed judges all over the US
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Marr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 05:19 PM
Response to Original message
1. You can't impeach Supreme Court justices.
No matter how big a majority you have.
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Hawkeye-X Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 05:21 PM
Response to Reply #1
2. Actually you can.
Edited on Mon Jun-25-07 05:23 PM by HawkeyeX
There is precedent.

http://en.wikipedia.org/wiki/Samuel_Chase

Furthermore:
VIII
Removal from Office

Justices serve lifetime appointments. Under the Constitution they can be removed from the Court only by first being impeached (accused) by a majority vote of the U.S. House of Representatives and then convicted by a two-thirds vote of the Senate. There is no precise standard for determining whether a justice has committed an impeachable offense, though the consensus is that removal should be for criminal or ethical lapses, not for partisan political reasons. No justice has ever been removed through this process, and only one justice of the Supreme Court has ever been impeached. In 1805 Justice Samuel Chase was impeached in the House by his political enemies, but the Senate failed to convict when it became apparent that Chase’s opponents were after him not because he had committed any wrongdoing but because they disagreed with his decisions. The possibility of impeachment may have been a factor in the resignation of Justice Abe Fortas, who left the Court in 1969 after allegations surfaced that he had accepted a questionable fee from a private foundation. Some conservative groups rallied for the removal of Chief Justice Earl Warren in the 1960s, but their efforts failed.

In the wake of the controversy over Abe Fortas’s financial practices, the Court became more restrained in its public activities. Once confirmed to the Court, justices try to ensure that their investments and outside income do not bring their integrity into question. Common practice now dictates that justices also remove themselves from politics, refraining from speaking out about controversial issues or pending legislation. The justices can make public speeches, but these are usually confined to subjects related to the law in general and to the federal court system. In these and other questions of judicial ethics the Court usually follows the American Bar Association (ABA) Code of Judicial Conduct, although these rules are not binding on the Court.

http://encarta.msn.com/encyclopedia_761574302_2/Supreme_Court_of_the_United_States.html
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Marr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 07:22 PM
Response to Reply #2
8. Thank you for the info! I stand corrected.
Edited on Mon Jun-25-07 07:23 PM by Marr
I didn't realize there was a mechanism in place. I must say it looks like it'd be a particularly difficult lever to budge, unless one of these judges happened to be stupid enough to commit a very loud and obvious crime. I'd be delighted to see any of the Federalist Society members removed from the Supreme Court.
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Phredicles Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 05:22 PM
Response to Reply #1
3. Thomas Jefferson seemed to think you could;
Edited on Mon Jun-25-07 05:23 PM by Phredicles
I think he managed to get rid of one even.

Edit: As is spelled out in the post above.:blush:
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dkofos Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 05:22 PM
Response to Reply #1
4. Is a rendition out of the picture??
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Selatius Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 05:27 PM
Response to Reply #1
5. You can impeach members of the federal judiciary.
Alcee Hastings was a federal judge who was impeached and removed after it came out he was accepting bribe money.
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Bucky Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:37 PM
Response to Reply #1
12. Actually "they've destroyed the Constitution" is a metaphor, not literally true
But the OP's scenario is still pretty unlikely. We won't be able to undamage the country once Bush is gone any more than we can uninvade Iraq and unkill all those civilians and American troops, or uncut those trillion dollar tax cuts, or undo the distrust created between all our allies and us.

No one could have forseen that it's easier to burn down a barn than it is to build one, apparently.
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VP505 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 06:05 PM
Response to Original message
6. Getting a,
filibuster-proof Senate, IMO won't happen as long as we have a RePuke Pres, and I am not too sure we will have one with a Dem Pres. Way too many Dino's and Dem Senators that think like LieBerman and vote with the RePuke's much of the time.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 06:15 PM
Response to Original message
7. I reread that post about impeaching.
I looked this up some time ago when I was so mad at Scalia....he is so arrogant that he will slip up, just wait and then if it is doing a democratic administration I hope to God they impeach the butthole.
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Solo_in_MD Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:23 PM
Response to Original message
9. Most Senators will not do that
The pendulum will swing back and any action taken like that will be repaid in kind. There simply is not enough criminal actions out there to impeach the current set of supremes.
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:29 PM
Response to Original message
10. You mean if, will we?
Edited on Mon Jun-25-07 08:30 PM by mmonk
Nah, we have a screwed up judiciary with screwed up precedents coming for a generation. I believe the gang of 14 wanted to wait until we had someone "extreme" to keep off the court. The Federalist Society unitary executive rightwing justices aren't "extreme" enough.
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MonkeyFunk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:31 PM
Response to Original message
11. You can't impeach judges
just because you disagree with them.

Well, you CAN, but it would be really stupid.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:41 PM
Response to Reply #11
14. And it will come back and bite you in the ass as wel
Eventually the republicans will hold the majority again and all hell would break loose.
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MonkeyFunk Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:49 PM
Response to Reply #14
15. Exactly!
Absent some sort of corruption or other bad behavior, we're stuck with what we've got.

That's why elections matter, and it's why idiots who say they won't vote for the dem if "X" gets nominated annoy the fuck outta me.
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Wiley50 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jun-25-07 08:40 PM
Response to Original message
13. "Meet The New Boss, Same As The Old Boss"
unless we manifest some kinda miracle

(and I don't mean Hillary is the miracle

Gore is what I have in mind)
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