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GOP Platform Says ‘Impeachment’ Is a Solution to Judicial Decisions the GOP Opposes
Think Progress / News Report
Published: Monday 27 August 2012
“The U.S. Constitution is the law of the land. Judicial activism which includes reliance on foreign law or unratified treaties undermines American law.”
Last year, former GOP presidential candidate Newt Gingrich delivered an authoritarian speech where he promised that if elected president he would ignore court decisions he disagrees with, wage a campaign of intimidation against judges, and even potentially impeach judges who interpret the Constitution in way he disapproves of. Gingrich lost the GOP primary, but his spirit lives on in the Republican Party’s draft platform:
Despite improvements as a result of Republican nominations to the judiciary, some judges in the federal courts remain far afield from their constitutional limitations. The U.S. Constitution is the law of the land. Judicial activism which includes reliance on foreign law or unratified treaties undermines American law. The sole solution, apart from impeachment, is the appointment of constitutionalist jurists, who will interpret the law as it was originally intended rather than make it. That is both a presidential responsibility, in selected judicial candidates, and a senatorial responsibility, in confirming them. We urge Republican Senators to do all in their power to prevent the elevation of additional leftist ideologues to the courts, particularly in the waning days of the current Administration.
There’s something quaint about Republicans expecting the nation to still believe they care about judicial activism after they spent the last two years pushing an attack on the Affordable Care Act that, in the words of a top conservative judge, had no basis “in either the text of the Constitution or Supreme Court precedent.” Or, for that matter, after many Republicans have declared everything from Social Security to Medicare to national child labor laws unconstitutional. Activist judging is the backbone of Republican constitutional theory, not the enemy of it.
Moreover, if Republicans really cared what our founding fathers thought about important constitutional questions like judicial independence, they would not even consider the idea of impeaching a judge simply because of a partisan disagreement. The Constitution provides that judges “shall hold their offices during good behavior,” not so long as a political party agrees with them, and this principle was affirmed very early in American history.
In 1805, during Thomas Jefferson’s presidency, Jefferson loyalists in the House impeached Justice Samuel Chase due to decisions that Jefferson’s party disagreed with (and, in this case, with good reason for this disagreement). Nevertheless, the Senate acquitted Chase, with many members of Jefferson’s party voting for acquittal because they understood that an attack on a judge merely because a politician disagrees with that judge’s decisions is an attack on the independence of the judiciary itself.
This precedent served our country well for more than 200 years. It is baffling that the Republican Party now wants to abandon it.
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By Kiley Kroh
7 comments on "GOP Platform Says ‘Impeachment’ Is a Solution to Judicial Decisions the GOP Opposes"
August 28, 2012 7:30am
. . . Forum Shopping??? Destroying the Independance of the judicial System ??
I don't like your decision - YOU'RE GONE???
..Isn't that what George Bush tried with the JUSTICE DEPARTMENT -.- WEEDING OUT ALL THE DEMOCRATS ???
...I still say we're headed for a REVOLUTION - - - - -
. . . . After they overthrow our democracy it is guaranteed......
August 27, 2012 6:34pm
To Openly discuss undermining the Constitution is minimally the direct opposite of the Oath of Political Office ......To allow the Conversation to become Party Platform calls into play Interstate influences that are entirely Federal and go to prove the States these particular Bozo's are from are not being Represented either.
Brook Adams wrote about this as a Failure and vulnerability within our Constitution 99 years ago. The Title of that Book is not a Pleasant idea to most people and will never be read by those of us who need it the most.
http://librivox.org/the-theory-of-social-revolutions-by-brooks-adams/
But is also available in the Audio form .
You might say that He modeled the process and projected the future by this method. Whatever brings Alarm to these Abuses is not welcome as "They" attack, especially since the Truth has become the product of the Entertainment Business and is more likely either a Lie or neglected into obscurity.
War is not mentioned in these Politicians Pandering their Brand of Lies . IMPEACH THE JURIST FROM GEORGIA. SEE WHAT THEY SAY THEN.
Huntsville, AL
August 27, 2012 10:43am
Tea baggers want to impeach judges that don't interpret laws the way the founders intended.
Just one question: Who gets to decide what the founders intended?
Repubs claim to want to adhere to the original intent, whatever that means, of the Constitution yet constantly rail against treaties. Did they not see Article VI, Clause 2 when studying the Constitution at glen beck's school of constitutional law?
I believe what the repubs really mean is they want to be able to get rid of anyone that does not agree with their Dominionist agenda or agree with their plans to turn the nation into a theocracy. Since most people would look at them like they grew another body member if they were truthful and started publicly pushing their plans to destroy our Constitution they choose to lie and wrap themselves in the flag while carrying a bible in their hands. Ethnocentrism, jingoism, reversed populism, racism, and misogyny are the tools they use. Destruction of education will give them the stupid population they need. Propaganda of the type fox news spreads is their vehicle for delivering the manufactured lies.
August 27, 2012 10:39am
I say why continue to embrace Capitalism and all its formidable ways of undermining democracy.
"Democracy and socialism have nothing in common but one word, equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude".
Alexis de Tocqueville
Read more at http://www.brainyquote.com/quotes/authors/a/alexis_de_tocqueville.html#B...
August 27, 2012 9:39am
Ku Klux Kristians, Confederates, teabaggers, and rethugs will transform representative democracy into a theocratic, authoritarian, right-wing, fascist, NeoNazi idiocracy/corporate kleptocracy/Orwellian plutocracy where only rich white conservative men will have rights. The tree of liberty needs to be refreshed.
August 27, 2012 9:38am
We have a couple supreme court jesters that deserve impeachment. The one that lied about precedent during nomination and all that voted citizens united. Considering what it is doing to our election impeachment is not out of the question.
August 27, 2012 9:14am
The corporate elite is doing anything it can to turn the clock of progress back to Medieval times. Alas, the march of progress cannot be stopped, no matter how obstructionist they become. It is not possible for the corporate elite to govern with impunity of bygone years. No one bought the 911 event explanations and that festering wound of god and terror is percolating still under the shenanigans of the GOP creating issues out of non-issues. There is an awareness of the need for fundamental change in direction of the economy from war to peace, from conspicuous consumption to social justice. Those capable of delivering the goods will win the hearts and minds, those who trick the people will reap the grief! The 99% is very aware of the game now and do not believe the hype of the corporate media for the GOP personalities/ issues at the expense of real issues of concern to the 99%.