Posted by
Tim Blessing on Friday, May 16, 2008 7:29:11 PM
Judges are the least checked and balanced branch of government in our state and national constitutions.
Once, they get into office they are very hard to dislodge, except under extreme circumstances.
They will say to senators, representatives, and possibly voters what they promise to do and not do.
Usually, they go off on a tangent once they get into their judgeship.
My issue is simply on this point. Why did Judge Robert Bork get shot down with impeccable credentials and Justice Souter get in when he had no credentials?
The same could be said on the Democrat side. Where there is a Liberal Law Professor at Harvard named I think Lawrence Tribe.
He has much better background for the Supreme Court than does Stephen Breyer.
Short of amending the constitution there is no way to control judges, except through impeachment.
There is another avenue of controlling the supreme court.
The Constitution say's Congress on ocassion may create courts. I repeat create courts. I am assuming the courts be shut down based on that little clause. It says create courts. It does not stop congress from terminating courts.
Another angle to consider, is a statement that Andrew Jackson made about John Marshall where the Indian Tribes going from South Carolina to Oklahoma were concerned.
He said, "John Marshall has made his decision now let him enforce it".
The Courts are given deference by the executive in the former's decisions, but the former has no machinery to enforce their decision.
In Lincoln's Presidency on the issue of Habeas Corpus where Lincoln suspended this writ of law. Chief Justice Roger Taney said, "I have the right to make this decision, but not the might to enforce it:.
The Courts have symbolic power as long as the two other branches respect it, but they can ignore the courts without retribution.