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De Omnibus Dubitandum - Lux Veritas

Monday, February 19, 2018

Time to remove federal judges from office?

By James J. Johann February 19, 2018

It is time to remove federal judges whose orders direct the President to perform unconstitutional acts or prevent the President from performing actions granted to him by the Constitution. A current judicial order directs President Trump to continue Obama's DACA order, which has been determined to be unconstitutional by the Supreme Court.

The judge's order is expected to be overturned by the Supreme Court. There have been several earlier judicial orders to prevent President Trump's executive orders from halting certain types of immigration. Those judicial orders, and their Circuit Court appeals, have already been overturned by the Supreme Court. Even though the cases have been properly resolved by the Supreme Court, the rulings by the federal judges appointed by the opposition Congress needs to correct political efforts by activist federal judges who intentionally defy the President.............In other words, lower courts such as the federal and appeals courts only exist by and at the will of the Congress. Therefore, the Congress itself may ordain the limits of the courts they have established and can modify those limits at will. Congress could ordain that only the Supreme Court, and not a lower court, may override an Executive Order............... More

My Take - I would go a step further. Pass a 28th Amendment.  If the Constitution is going to really be the document that governs government, and is the real and legitimate law of the land, it's in serious need of reinforcements. It’s time for a 28th Amendment that would impose strict term and age limits on the federal judiciary.

There are three levels of the federal judiciary- the District level, the Appeals level and the Supreme Court. Each level should have a ten year limit with a review after five years requiring a majority approval by the Senate. At each level each nominee would have to go through the same process, even if nominated to a higher court before they finish their term in a lower court. If their tem runs out and they’re not nominated to a higher court they may be nominated at some point in the future. No jurist can return to a lower court if their term runs its course at a higher level, and no jurist can ever be appointed to a court if their nomination to any court has ever been rejected by the Senate. No jurist may serve after the age of seventy.

The only federal court authorized by the Constitution is the Supreme Court.  All other courts are a creation of Congress and the Constitution gives Congress the right to determine the jurisdiction of all the federal courts, including the Supreme Court, and can impose any limits it sees fit.  

This idea the Supreme Court decides what the Constitution means is a fallacy promoted by the courts and law schools.  That concept has no basis in the Constitution.  They made that up to suit themselves and the Congress doesn't have the currachies to put a stop to it.   

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