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what are the first legal steps to impeach a SC judge?

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ensho Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:00 AM
Original message
what are the first legal steps to impeach a SC judge?


can we start the legal moves to impeach Scalia and Thomas.

we have had enough of them

they do not wish our country well

they and the Kochs are game players. they have so much money and power they can play games with the govt. and smirk and snicker while doing it.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:08 AM
Response to Original message
1. There are none.
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:18 AM
Response to Reply #1
4. What about this?
Article III, rather than referring to a life tenure for judges, says that they shall serve "during good Behaviour." And according to Article II, executive and judicial officers are removable on grounds of "Treason, Bribery, or other high Crimes and Misdemeanors." As Rehnquist describes the interpretive problem: "The term ’high crimes and misdemeanors’ was sufficiently amorphous to leave open the possibility that a federal judge could be removed from office, not only for conduct that was criminal, but for rulings from the bench that seemed flagrantly wrong."


http://www.ashbrook.org/publicat/onprin/v4n4/franck.html
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ensho Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:25 AM
Response to Reply #4
9. their "behaviour" is BAD - we have grounds
nt
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Cosmocat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 11:01 AM
Response to Reply #4
12. I can guaren god darn T that if a "liberal" judge ...
was hanging around with George Soros, the wingers would be going apocolyptic about how that was grounds for impeachment, and the MSM would be dutifully going along with it ...
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 09:40 PM
Response to Reply #12
13. Now isn't that he damned truth if I ever heard it!
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:14 AM
Response to Original message
2. There has to be so go to google or bing and search I am.
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Bill219 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:17 AM
Response to Original message
3. I found this info
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hughee99 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:19 AM
Response to Original message
5. I believe it's the same process as impeaching any federal judge.
Charges brought by the House, Trial in the Senate that requires a 2/3rds majority for conviction. I know there is at least 1 house member who knows the process very well.
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Ineeda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:20 AM
Response to Original message
6. It's only been done once and the Justice was aquitted, but
From Wikianswers:
Grounds for impeachment: 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.

The process: The Impeachment Process
Impeachment is a two-step process; the impeachment phase is similar to a Grand Jury hearing, where charges (called "articles of impeachment") are presented and the House of Representatives determines whether the evidence is sufficient to warrant a trial. If the House vote passes by a simple majority, the defendant is "impeached," and proceeds to trial in the Senate.

The Senate trial, while analogous to a criminal trial, only convenes for the purpose of determining whether a Justice, the President (or another officeholder) should be removed from office on the basis of the evidence presented at impeachment.

At the trial a committee from the House of Representatives, called "Managers," act as the prosecutors. If any other official, other than the president, is on trial, an "Impeachment Trial Committee" of Senators act as the presiding judges to hear testimony and evidence against the accused, which is then presented as a report to the remainder of the Senate. The full Senate no longer participates in the hearing phase of the removal trial. This procedure came into practice in 1986 when the Senate amended its rules and procedures for impeachment and has been contested by several federal court judges, but the Supreme Court has declined to interfere in the process, calling the issue a political, not legal, matter.

At the conclusion of the trial, the full Senate votes and must return a two-thirds Super Majority for conviction. Convicted officials are removed from office immediately and barred from holding future office.

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Azathoth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:20 AM
Response to Original message
7. Simple. The House draws up articles of impeachment and passes them
Just like they did with Bill Clinton.
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Kdillard Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:24 AM
Response to Original message
8. It would be up to the House of Representatives to impeach them by a majority and
the Senate would have to move to convict after the impeachment by the House. At least that is what I gathered from a little research. So the first step would be getting the congress people in the House to agree that the crime would fall under the banner high crimes and misdemeanors.
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:28 AM
Response to Original message
10. The five judges who ruled on the United declaration could
be tried on impeachment cause for graft and corruption and betrayal of the Constitution. When they ruled on the case in front of the court, they did not rule on the case but ruled on something entirely different. They injected the idea into the case that corporations could funnel as much money as they wanted into a campaign. They were supposed to rule on a decision in favor of the public. Now with the fact that Scalia and Thomas attended the meeting of the Koch Bros and ruled on this decision only lends fuel to the fire.

If some one had the guts to put forth charges, Scalia and Thomas could be brought up on charges for bribery and graft AND BETRAYAL OF THE CONSTITUTION. but the fact is none of the representatives will touch it. Of all actions of any supreme court justice these two's action are the most impeachable of any and outways the impeachment against President Clinton.

These aren't my words they are a summary of a law brief written and on the net. So again the Democrats have let us down. There should have been impeachment charges against them before this.
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FBaggins Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:33 AM
Response to Original message
11. Essentially the same as the impeachment of a President.
Which means that there's no way it's going to happen with what is currently known.
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Ter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:56 PM
Response to Original message
14. Good luck getting 67 Senators to vote guilty
n/t
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