The Watering Hole, Wednesday, July 1, 2015: Activist Judges and What Can Be Done About Them

Gentle readers,

My colleagues in the 2016 presidential race are falling all over themselves because of the Supreme Court’s ruling that gays can get married. Some have called for a Constitutional Amendment to make the Justices have to run for re-election. Let’s face it, every time the Supreme Court overturns the will of the majority by telling them that what they want to do is unconstitutional, my fellow conservatives rail against this as judicial activism. Now, amending the Constitution takes a lot of effort. It’s much easier to use the remedy already in the Constitution: Impeachment. That’s right. Judges can be impeached, just like Bill Clinton. And when impeached, they can be removed from office. Just like Bill…oh, wait. He finished out his term, with a budget surplus & no war. But I digress

On Monday, one of the commenters here at The Zoo wrote, “They also intended the jurisdiction of the Judicial branch of our government to be able to settle all disputes, not just the ones you feel comfortable letting them decide.” Actually, that’s not quite true.

Let’s look at the Constitution itself, Article III to be specific:

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

First thing to notice is there is only one court authorized in the Constitution: the Supreme Court. Congress could, if it wanted to, abolish all federal courts. More about that later.

Next, ” The judges … shall hold their offices during good behaviour…” That means they can be removed for “bad behavior”. And what is “bad behavior”? That’s pretty much up to Congress to decide. So if my Republican colleagues really want to do something meaningful, they can impeach the five Justices that voted against their long-held ability to discriminate based on gender. Frankly, given their arguments, I cannot see how they can NOT impeach those Justices. Their ruling seems to epitomize ‘bad behavior’ from the evangelical christian point of view, which demonizes homosexuality as coming from Satan Himself.

Now, let’s turn to the jurisdiction issue. What is the jurisdiction of the Supreme Court? Here’s the clincher:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. (Section 2)

What’s that mean? It means Congress gets to make exceptions as to the Supreme Court’s appellate jurisdiction. Now, back to Section 1. What if Congress eliminates all federal courts except the Supreme Court? The only federal cases the Supreme Court could hear would be “cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party.” In fact, those would be the only federal cases that could be heard, period.

Then, to cap it off, under Section 2, Congress could strip away the Supreme Court’s appellate jurisdiction to hear appeals from the various State Supreme Courts. And here, there’s an appealing “States’ Rights” argument: Why should States’ Supreme Courts be beholden to a Federal Supreme Court? Why should “justice” have to be meted out in Washington?

My conservative colleagues lack the intestinal fortitude and political will to reign in activist judges. When I become President, one of my first tasks will be to address the judiciary and return the courts to the founding father’s original intent: One Supreme Court, with Justices serving for life, so long as they exhibit “good behavior”.

So, come 2016, vote Briseadh na Faire for President. I’m the only candidate for President who knows what’s best for America; the only candidate who acknowledges up front that I will break each and every one of my campaign promises, and, when I do, you won’t be disappointed!

[Briseadh na Faire – it’s hard to pronounce.]

I’m Briseadh na Faire, and I approve this message.

[BriseadhNaFaireforPresidentisnotaffiliatedwithanyPolitcalActionCommitteenorhas receivedtheendorcementofTPZoonoranyotherindividualbusinessnonprofitorganizationorgod.]


OPEN THREAD

70 thoughts on “The Watering Hole, Wednesday, July 1, 2015: Activist Judges and What Can Be Done About Them

  1. There’s also a way for Republicans, when they control Congress but not the Presidency, to gain FULL control of the government. If today, for example, President Obama and VP Joe Biden could simply be disappeared, the immediate new President would be John Boner Boehner. Couple that with Congress executing (nice word) their powers over the SCOTUS and you have the Republican Dream in place, i.e. the absolute power to merge political and corporate powers and form the genuine fascist state Republicans have long dreamed of. All they have left to do to attain that dream is to figure out the most efficient means of offing Obama and Biden (and of covering their tracks), and then it’s ALL theirs!!///

  2. Please define bad behavior.
    Is it?

    1) Talking during a movie or spoiling the ending.

    2) Farting in a swanky restaurant.

    3) Declaring a wet brained moron to be President when the votes say otherwise.

    4) Failing to maintain the separation of church and state.

    5) Cheating at golf

    6) Stating that a teevee character sets a legal precedent.

    I’m just on the cusp of things but a little clarification would help.

    Thanks.

    BTW. I’m voting for Chris Christie unless your platform becomes more like his.
    I understand he’s going to close down the Golden Gate Bridge, The Bay Bridge The San Pablo Bridge, The Tampa Bay Bridge, The San Diego Bridge, and every other bridge that’s crucial to commerce if he doesn’t get his way.
    Extortion, it’s the murican way and I respect that.
    He gets my vote.

    • 7) Going on junkets, IOW partying with wealthy litigants whose cases regularly wind up in front of said justices.

    • Vinyl, bad behavior is whenever they don’t rule the way I want them to rule.

      And if you want to vote for a loser like Christie, by all means toss away your vote. He’s so old school, closing bridges. Me, I’d close the internet. Imagine, no youtube, no instagram, no TWITTER!!! Now we’re talking serious disruption across the entire country.

        • Okay! Okay! You win!
          I’m addicted to the internet and if you take that away I’ll be unable to interact with real people in a civilized manner.

          • I can now return to my regularly scheduled fixation.
            The dark side of the internet.

  3. Then will you have the five Justices who decided to stop the recounts in Florida in 2000 impeached because allowing the counts to continue might harm the petitioner’s ability to claim victory (i.e., if the recount showed Gore won, Bush would have a harder time claiming victory)? They even said that decision would not be used as precedent for anything else. IOW, it was a stand-alone, constitution-ignoring decision. They should also be impeached, convicted, and removed from office for that.

    • As long as they rule the way I want them to, they stay. That’s good behavior.

  4. By the way and in case you weren’t aware:

    Tom DeLay Knows Of Secret DOJ Memo To Legalize ’12 New Perversions,’ Including Bestiality And Pedophilia

    “We’ve already found a secret memo coming out of the Justice Department,” DeLay claimed. “They’re now going to go after 12 new perversions, things like bestiality, polygamy, having sex with little boys and making that legal. Not only that, but they have a whole list of strategies to go after the churches, the pastors, and any businesses that tries to assert their religious liberty. This is coming and it’s coming like a tidal wave.

    “They’re coming down with 12 new perversions. LGBT is only the beginning. They are going to start expanding it to the other perversions.”

    Me? I am, of course, scared shitless

    • I get all my politics and news from my rat catcher and roach hunter too.

    • Twelve new perversions? Sounds like a challenge to the musically inclined. On the first day of Perversion my true love gave to me a furry female puppy…

      Take it away Wayne!

  5. Hey, Liberals: SCOTUS Ain’t Your Friend

    “People should remember that if a Republican is elected president next year and has the chance to replace Kennedy and/or Ruth Bader Ginsburg with another Samuel Alito, the Obamacare and same-sex marriage standings could easily be reversed. And don’t think there aren’t conservatives out there thinking about it, because there most certainly are, and they literally want to roll back the judicial clock to 1905.”

    http://www.thedailybeast.com/articles/2015/06/30/hey-liberals-scotus-ain-t-your-friend.html

    • RBG should’ve called it a day in BO’s first term …. then her legacy might stand a little longer as it is….

  6. Sometimes it’s fun to watch inSeanitty spin furiously. Just an FYI for the POS: The flag in question was designed by lunatic groups, raised by lunatic groups, carried in marches by lunatic groups, and now it’s being defended by lunatic groups. I was just a little bit disappointed that he didn’t pull the old “I despise Democrats for raising the flag of treason but now I despise them, and RINOs, for trying to take it down”. I’m no fan of Governor Blimpy but he’s one of the few who might actually dare to point out the inherent contradiction.

    http://talkingpointsmemo.com/livewire/hannity-confederate-flag-hijacked-lunatics-christie

    BTW. I was talking about the disturbing and revolting photos of Blimpy in his little league costume and came up with; “too much sausage, not enough case”.

    • Today’s stars and bars stand for exactly the same as when it was first waved:

      “The White Man’s Flag”
      As a people we are fighting maintain the Heaven-ordained supremacy of the white man over the inferior or colored race; a white flag would thus be emblematical of our cause.
      —William T. Thompson (April 23, 1863), Daily Morning News

      (I see no racism there, do you?)////

        • There were indeed different flags that represented the confederacy; the undercurrent message was, however, always the same. White supremacy.

          These days it doesn’t matter which confederate flag you’re looking at, the message is the same: Southern White Inferiority.

      • The “Stars and Bars” was the national flag of the Confederacy while the flag that’s causing all the sound and fury is the “Confederate Battle Flag” designed by William Porcher Miles. Among various quotes; Mr. Miles called his design “a tribute to the divine institution of slavery” and he waxed poetic about the “inherent superiority of the white race, God’s chosen race”.

        Oddly enough. His first design included a crescent moon which he removed because someone complained about using a symbol of “a particular religion”. Here’s the original design which I somehow think would be receiving a lot less support from the rightwhiners.

        https://en.wikipedia.org/wiki/Flags_of_the_Confederate_States_of_America#/media/File:South_Carolina_Sovereignty-Secession_Flag.svg

  7. Rick Wiles Renounces His American Citizenship In Response To Marriage Equality Ruling

    On Tuesday’s edition of “Trunews,” End Times broadcaster Rick Wiles delivered a eulogy for America and lamented that “the America I knew and loved is dead, rest in peace. It will not be resurrected.” Wiles cited the Supreme Court’s decision to legalize marriage equality as the cause of our nation’s untimely death, calling the ruling “the final abomination.”

    “How can I pledge allegiance to the flag of a nation that celebrates sexual perversion, pornography and baby killing?” Wiles asked. He later added that he is “embarrassed to be a legal citizen in a nation that is openly promoting sexual perversion and compelling other nations to rebel against God too.”

    According to Wiles, the death of America has ushered in a new era for the country: the era of Babylon. He criticized the “Babylonian pagans”— which is what he now calls American citizens — for rejecting the Lord’s presence and even chastised his evangelical peers, declaring, “Christians who are acting like nothing seriously happened last Friday are like people sitting on a fiery sofa in a burning house.”

    Wiles, who will no longer say the pledge of allegiance or the phrase “God Bless America,” warned listeners that “there is no end to the sexual perversion this country has now opened itself to, the floodgates to sexual perversion – lewdness, sorcery, witchcraft and rebellion – opened wide last Friday.”

    If enough of this happens I may become a Babylonian Pagan Priest!

    • Funny. I don’t see him mention that he will actually be leaving the only country with enough stupid people to provide enough grift to support hi lavish lifestyle. I also have a funny feeling that someone will come along to say that this is completely different than Reverend Wright’s “God damn America”.

    • “Christians who are acting like nothing seriously happened last Friday are like people sitting on a fiery sofa in a burning house.”

      Thanks for the warning, Rick.

    • If enough of this happens I may become a Babylonian Pagan Priest!

      Say, that’s not a bad idea!

      (I’m still waiting for all the xtians to be raptured and the disaster to start)

  8. Bernie Sanders will be live tonight in Madison, Wisconsin, at 6:30pm central time, on this Youtube channel! That’s about two hours from now. There is already programming running if you’re interested.

    • The live stream has stopped and you get a recorded program, so check/refresh it periodically. Earlier today the countdown clock gave a start of 6:30, but the picture says 7pm.

    • If you click on this Youtube screen, there’s a link to the new live page, which opened in it’s own window for me.

      • Bernie spoke for just over an hour. The Bernie2016 Youtube site was at about 5500 viewers when he started, and topped out at 9085 as he ended.

  9. I’ll see your asparagus and raise you a coupe cantaloupes.

    Just last night I was marveling that Gomer has run off a string of insane statements without being answered by the freak from Iowa. So? Today we get a twofer.

    http://www.rightwingwatch.org/content/steve-king-impeach-ginsburg-kagan-over-gay-marriage-decision

    http://www.mediaite.com/tv/gop-rep-steve-king-endorses-trumps-mexican-rapist-comments/

    And still not a word of complaint, from anyone to the right of Lefty McLeft, about stuff like Citizens United or appointing a war criminal as CiC.

  10. blondie58 at DU said – ‘Dogs have owners. Cats have staff.’

    At least I get to be Chief of Staff!

  11. Hobby Lobby Finally Defeated! Judge Rules They Must Offer Birth Control. The GOP Is Pissed

    • Lockout/tagout. All energies must be expended/blocked from moving whenever maintenance or repair is performed. We have it drummed into us continuously here. A 21 year old ‘external contractor’. I wonder if he was German?

      • No doubt thought himself invincible and knew better than any Safety Team measure.
        Sad he didn’t follow the rules.

  12. John Nicholls is speaking at Madison and Chris Hayes is talking about putting peas in guacamole.

  13. ‘Jiggery-Pokery’ Sparks #scalia4kids, Breaks The Internet

    If you weren’t hovering around Twitter Thursday night, you missed out on the frantic, spontaneous, and amazing comedy of the early hours of #scalia4kids. The tweets have started to slow from those heady early times, but the premise is still attracting some top-notch jokes. This is why they invented Twitter!

    This is a bunch of tweets with suggested titles for children’s books, if they were written by Scalia.

      • Ryan Pressman hasn’t put up the LNMC yet. I wonder what’s keeping him?

        • Don’t know – it is Wednesday and he usually has an interview with a new banc.

          The ‘gang’ is hanging on Ink Spots (June 14, 2015) LNMC.

          • How did they ever manage to all find each other on a three week old thread?

    • omg! If I had a Twitter account, I’d never get any work done!

      • I don’t do Twitter, Facebook, Instagram, Pinterest, Tumblr, or Reddit. I still don’t get any work done.

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