“To consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.” —President Thomas Jefferson
One thing that we have noticed concerning the judicial branch in American government is that much of the original plan with its constitutional checks and balances has been set aside. The result has that one branch dominating that of the other two.
President George Washington stated:
“A just estimate of that love and of power, and proneness to abuse it which predominates in the human heart, is sufficient to satisfy us for the truth of this position. The necessity of reciprocal checks in exercise of political power by dividing and distributing it into different depositories…has been [established].”
Alexander Hamilton explained:
“…the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution…. [T]he judiciary is, beyond comparison, the weakest of the three departments of power…[and] the general liberty of the people can never be endangered from that quarter.”
The founders clear constitutional design has been ignored. The Supreme court is no longer simply one branch among the other 2 it is now, literally the supreme branch.
By assuming the role of policy maker, the judiciary has invaded the constitutional responsibilities assigned exclusively to the other two branches yet this tendency by the courts is not new.
The constitutional foundations for impeachment the constitution discusses impeachment either directly or indirectly in six independent clauses for the six constitutional references to impeachment were delineated by Thomas Jefferson and is manual a parliamentary practice for the Senate and the house
The House of representatives:
“…shall have the sole power of impeachment.” –Article I, Section 2, Clause 5
“The Senate shall have the sole Power to try all Impeachments.”
“When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” Clause 3, 6, 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.”
“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” –Article II, Section 4
“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;” –Article III, Section 2
The President shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachments.” -Article II, Section 1
And the sixth clause, which relates indirectly to impeachment, is termed the “good behavior” clause:
“The judges both of the supreme and inferior courts, shall hold their offices during good behavior.” –Article III, Section 1, Clause 1
The relationship of this good behavior clause to impeachment was explained during the debates surrounding the Judiciary Act of 1802.
One member noted, “We all fully understand what is “good behavior,” and the Constitution, in that case, has given a remedy by impeachment.
Remember, impeachments are confined to political characters, to political crimes and misdemeanors, and to political punishments.
To date, there have been 61 federal judges or supreme court justices investigated for impeachment; of whom 13 have been impeached.
- In 1797 William Blount was impeached for seeking to violate American neutrality.
- In 1803 federal judge John Pickering was impeached for issuing an order which contradicted an act of Congress, for judicial high handedness (Acting outside of their scope of authority – acting as if they are the law-no regard for the people’s rights), for drunkenness and blasphemy.
- In 1804 supreme court justice Samuel Chase was impeached for judicial high handedness and from excluding evidence from a trial.
- In 1830 federal judge James. H. Peck was also impeached for high handedness.
- In 1862 federal judge West H. Humphrey’s was impeached for supporting the secession movement;
- 1868 President Andrew Johnson was impeached for removing and replacing the secretary of War; in 1876 secretary of war was removed William W. Belknap was impeached for Bribery
- In 1904 federal judge Charles Swayne was impeached for financial improprieties and judicial high handedness.
- In 1912 federal circuit judge Robert W. Archbald was impeached for judicial high handedness and misconduct.
- In 1926 federal judge George W. English was impeached for high handedness and profanity.
- In 1933 federal judge Harold Louderback was impeached for seeking to hide assets during a personal divorce proceeding; and in 1936 federal judge Halsted L. Ritter was impeached for corruption and for income tax evasion.
The evidence is irrefutable; the basis for impeachment was non-criminal and non-statutory.
Impeachment preserves the rights of the people and the states.
“for when thy judgments are in the earth, the inhabitants of the world will learn righteousness.” -Isaiah 26:9
“Hearken unto me, my people; and give ear unto me, O my nation: for a law shall proceed from me, and I will make my judgment to rest for a light of the people.” -Isaiah 51:4
“Hate the evil, and love the good, and establish judgment in the gate:” –Amos 5:15
Why? Proverbs 16:6 gives us the answer.
“By mercy and truth iniquity is purged: and by the fear of the LORD men depart from evil.”
Yet, today, the courts are literally getting away with murder.
It has become a thing of political will, and not law; opposite of its very function.
- Homosexual marriage
- Creating a tax out of Obamacare
- Free speech issues which violate law (Pornography, murder, adultery, theft, lying)
- Illegal immigration
- Illegal Indoctrination into schools
How contrary to what English Common Law Judge William Blackstone stated.
“No enactment of man can be considered law unless it conforms to the law of God.”
Let me leave this right here, under God, and bestowed upon the people as where our rights are derived from (Declaration of Independence-Video)
All power is inherent in the people and all free governments are founded upon that authority. Pennsylvania
All power is originally vested in the people and all free governments are founded on their authority. South Carolina
No authority shall, on any pretense whatever, be exercised over the people or members of this state, but such as shall be derived from and granted by them [the people]. New York
All political power is vested in and derived from the people only. North Carolina
Power is inherent in [the people], and therefore all just authority in the institutions of political society is derived from the people. Delaware
All power being originally inherent in, and consequently derived from the people, therefore all officers of the government-whether legislative or executive-are their trustees and servants and, at all times in a legal way, accountable to them. Vermont
All power is vested in and consequently derived from the people. Virginia
All government of right originates from the people, is founded in consent, and instituted for the general good. New Hampshire
All power residing originally in the people and being derived from them, the several magistrates and officers of government vested with authority-whether legislative, executive, or judicial -are their substitutes and agents and are at all times accountable to them [the people]. Massachusetts
All government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole. Maryland
James Madison, The 4th president of the United States also known as the Father of our constitution said
“The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The People who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves.”
Restraining Judicial Activism-David Barton
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