April 06, 2005

They can't be impeached

When I read this article(via Powerline) in the NYT about how Justice Ginsberg believes that courts can rely on foreign law to justify rulings on US law. At first blush, I thought to myself that a ruling that did not rely on US law for its justification would be by definition an impeachable offense, "Support and Defend the Constitution" and all that. At minimum, I believed that the courts would have to rely on laws passed by and for the American people, even if they used "emanations and penumbras" to get there, and would even include laws that date back to English Common Law from colonial times(but not after 7/4/1776).

Relying on foreign law seemed on its face to be an impeachable offense for a justice, because of the sheer extra-legal quality of the ruling itself. Relying on European law would by definition be a violation of the "Support and Defend the Constitution" portion of the oath of office that all federal officeholders had to take in one form or another, which prompted me to take a look at the oaths of office.

It turned out I was gravely mistaken.

I took a look at the oaths of office here, and this is what I found:

President:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Vice President:

"I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

Senators and Congressmen:

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."

Members of the Military:

I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

Justices of the Supreme Court:

"I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.''

Guess what's missing? That is right. Under their oath of office, they are not required "support and defend" the Constitution of the United States. If the President jails a reporter, or disbands congress, he could be removed from office for violating the constitution. If a congressman introduces a Bill of Attainder, he can be removed from office for the same reason. But if a Supreme Court Justice ignores the Constitution and makes a ruling based on foreign law, he isn't violating his oath of office. He is not required to do what every other officeholder in the United States is required to do, which is to defend the Constitution and/or bear allegiance to it. That in itself is a travesty which should be corrected by the Congress. It is amazing that the Supreme Court, the body of government that decides constitutional issues, is the only body of government that is not required by oath to protect and defend the constitution.

Congress needs to change this, and secondly, Chairman James Sensenbrenner needs to send a letter to Chief Justice Rehnquist warning him that members of his court that use foreign law to justify rulings by the supreme court will be subject to impeachment and removal.

It is one thing to make rulings based on what you think the Constitution says. It is quite another to use laws passed by no Congress, signed by no President, and ratified by no state legislature. What has become wildly apparent is that the Judiciary is literally out of control. They substitute their judgement for those of elected bodies, and are now even willing to use foreign laws that would never have been made into US law. That is an abomination that demands congressional input.

Posted by John Bono at 12:51 PM | Link Cosmos | Comments (0) | TrackBack
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April 02, 2005

The Pope has died

Karol Wojtyla, Pope John Paul II has died today. Just by his moral presence, he defeated the Soviet Union. Now get ready for the sickening ding-dong the pope is dead articles. I figure Christopher Hitchens will top the list, with Ted Rall and Daily Kos coming second. The pope was a great man, but I can't help but remember the pissants who spit on Reagan when he died. I'll just leave it to others to eulogize him properly, and just say he may have passed on today, but he legacy will live on everywhere free men live.

Posted by John Bono at 04:31 PM | Link Cosmos | Comments (0) | TrackBack
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