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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:04 AM
Original message
How to impeach a supreme court justice.
According to Article I of the Constitution, the power of impeachment is vested in the Legislative branch.

The House of Representatives brings charges, called "articles of impeachment," against officials it considers guilty of criminal or ethical violations. If a simple majority of the House finds sufficient evidence to support impeachment, the official proceeds to trial in the Senate.

The Vice-President of the United States presides over impeachment trials involving Article III federal judges and Supreme Court justices. Conviction requires a vote of two-thirds of the Senators present.

Impeachment only serves to remove a judge or other official from office; there are no other penalties associates with this process.

Article I, Section 3, Clause 7: "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."

More at Wiki.
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AndyA Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:05 AM
Response to Original message
1. I would certainly consider lying to Congress to be a crime.
There's no doubt after yesterday's decision that John Roberts lied to Congress to get the job.
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Jeff In Milwaukee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:10 AM
Response to Reply #1
3. You have to be more specific than that....
Just saying.
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AndyA Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:41 AM
Response to Reply #3
9. I don't have to be more specific.
Roberts' testimony before Congress is a matter of public record. During the process, he indicated that he would not be legislating from the bench, which is exactly what he did yesterday.

He got the job by telling Congress what he knew they'd have to hear to approve him.
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Jeff In Milwaukee Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 12:40 PM
Response to Reply #9
17. That's not perjury...
In order to be impeached, one would basically have to show that Roberts committed perjury. What you're citing is a highly subjective term "legislating from the bench" and Roberts could easily say that his thinking on the subject has changed.

You need a crime. A bona fide crime for which Roberts could be prosecuted.

That isn't it.

And if Congress was stupid enough to take Roberts' word at face value, then THEY'RE the ones to blame for his being on the bench. Twenty-two Democrats voted against him - They knew better.
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 11:40 AM
Response to Reply #17
21. Not true. "it considers" are the governing words. nt
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teriss Donating Member (3 posts) Send PM | Profile | Ignore Fri Jan-22-10 10:38 PM
Response to Reply #9
19. Justice Roberts and the Ruling in Favor of Corporate Interests
Totally impeach Roberts, he lied. These judges are ruling against the Constitution and this has grave legal complications regarding freedom of speech, they must be stopped now. A corporation is a human being, under God's law that is bull crap, no man can make that judgment-how insanely corrupt this justice system has become. This was planned to assist the Repukians to flood their candidates in this year's elections.
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seattle_blue Donating Member (299 posts) Send PM | Profile | Ignore Fri Jan-22-10 12:31 PM
Response to Reply #3
15. What Roberts said
During his conformation Roberts claimed that he would respect precedent, also known as settled law. Yesterday he clearly threw that out the window with his ruling that corporations, which are nothing more than inanimate entities are human. Roberts also ruled that money equals speech.
Pretty sick dude if you really want to know. I guess thats why the five "justices" that ruled that way are now known as the "Fascist Five."
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 12:47 PM
Response to Reply #15
18. And this decision will come to be known as the Dread Scalia law. nt
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Joanne98 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:08 AM
Response to Original message
2. Let's do it.
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:29 AM
Response to Reply #2
7. Certainly ethics violations apply here.
At the very least we can send a message that the supremes 2nd democracy altering power grab will not be tolerated without some serious protest. We can't just do nothing. Every avenue must be researched for this is the end of democracy and the republic.
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BobRossi Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:10 AM
Response to Original message
4. Self delete
Edited on Fri Jan-22-10 11:11 AM by BobRossi
><
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jtrockville Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:17 AM
Response to Original message
5. If we didn't impeach for war crimes and treason, why would we for this?
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ClassWarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:48 AM
Response to Reply #5
11. Because the road to redemption has to start somewhere?
:shrug:

NGU.

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jtrockville Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:50 AM
Response to Reply #11
12. Indeed. Better late than never.
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ClassWarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 07:01 PM
Response to Reply #12
23. Amen.
NGU.

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Brother Buzz Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:21 AM
Response to Original message
6. Gerald Ford's succinct statement impeachment
The only honest answer is that an impeachable offense is whatever a majority of the House of Representatives considers to be at a given moment in history; conviction results from whatever offense or offenses two-thirds of the other body considers to be sufficiently serious to require removal of the accused from office. - Gerald Ford
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Bitwit1234 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:40 AM
Response to Reply #6
8. The other poster is correct
even if we could not get our enemy "the senate" to vote for impeachment at least we could send a message that we as American citizens expect the Supreme Court to be above partisanship. That we expect them to rule according to the law and not to what they way they want things to be.

It seems to me as soon as an official is elected to office, TO DO THE PUBLICS BIDDING, they come up with this stuff THEY can't in all good conscience vote for something THEY don't want to. Well what in the heck were they put in office for. To let the country abide by THEIR wishes.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 11:41 AM
Response to Reply #6
10. And Gerald Ford wanted to impeach Justice William O. Douglas for the mere publication of an excerpt
Edited on Fri Jan-22-10 11:46 AM by no_hypocrisy
of his book in a "pornographic" magazine. To him, THAT was justification to impeach.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2994484
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Historic NY Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 12:08 PM
Response to Original message
13. 2/3 rd's vote of the Senate well its 59-41 now & we know where the Party of No stands.
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madamesilverspurs Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 12:22 PM
Response to Reply #13
14. True. Because there is no honor
among thieves, er, republicans...


-----
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 11:36 AM
Response to Reply #14
20. and blue dogs
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ooglymoogly Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-23-10 11:56 AM
Response to Reply #13
22. Impeachment, if only by congress would be a huge rebuke
Edited on Sat Jan-23-10 12:02 PM by ooglymoogly
by the people of this country, as the House is the peoples representative. The "good ol' boys", are what they are and sadly predictable to be in corporate pockets, just like these 5 Judas goats. But you never know, at least some of these good ol' boys may just be able to see further down the road to the disaster that is sure to come when even they will no longer be needed. If, by then, they finally wake up and find themselves "had", the corporations can simply burn the Reigstad er congress er the capitol.
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Overseas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-22-10 12:38 PM
Response to Original message
16. K&R. I was wondering about this. Thanks for posting. //nt
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