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Arrest the Judges - sez Newt
Topic Started: Dec 18 2011, 09:18 AM (256 Views)
George K
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Finally
http://thehill.com/blogs/ballot-box/gop-presidential-primary/200149-gingrich-congress-can-send-capitol-police-marshals-to-arrest-judges

Quote:
 
Gingrich: Congress can send Capitol Police to arrest rogue judges

GOP presidential frontrunner Newt Gingrich said Congress has the power to dispatch the Capitol Police or U.S. Marshals to apprehend a federal judge who renders a decision lawmakers broadly oppose.

Gingrich says if there is broad opposition to a court decision, Congress should subpoena the ruling judge to defend his or her action in a hearing room.

When asked if Congress could enforce the subpoena by sending the Capitol Police to arrest a judge, Gingrich assented.

“If you had to,” Gingrich said. “Or you’d instruct the Justice Department to send the U.S. Marshall.”
Gingrich made his remarks during a Sunday appearance on CBS’s “Face the Nation” where he defended his position that the president has the power to eliminate federal courts to disempower judges who hand down decisions out of step with the rest of the nation.

Gingrich cited the 9th Circuit’s decision that reciting the Pledge of Allegiance in public schools is unconstitutional as an example of a decision drastically out of step with the values of the country.

Gingrich noted the Federalist Papers describe the judiciary as the weakest of the three branches of the federal government and that Thomas Jefferson abolished 18 of 35 newly created judgeships.
“I got in this originally for two things: the steady encroachment of secularism through the courts to redefine America as a non-religious country and the encroachment of the courts on the president’s commander-in-chief powers, which is enormously dangerous,” Gingrich said.
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jon-nyc
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An example of the point I've consistently made of him not having the proper temperament to be president. He wants to raise the ante on Jackson, Lincoln, and FDR from the moment he gets in there. I could just imagine the succession of crises he would create.
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George K
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jon-nyc
Dec 18 2011, 09:21 AM
An example of the point I've consistently made of him not having the proper temperament to be president.
That's the argument that National Review made in its editorial (among others).
Quote:
 
His character flaws—his impulsiveness, his grandiosity, his weakness for half-baked (and not especially conservative) ideas—made him a poor Speaker of the House. Again and again he combined incendiary rhetoric with irresolute action, bringing Republicans all the political costs of a hardline position without actually taking one.
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Mikhailoh
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I can appreciate not wanting judges to try to legislate from the bench, but that is much too much power for a president. He was on Meet The Press this morning talking about the balance between the three branches, and that at times the judiciary has overstepped their powers. OK, fine - but arresting or impeaching them? Based on what again?
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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George K
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Actually, as I was reading the article, a question came to mind. How do you prevent judges from legislating from the bench? Of course, impeachment or not re-electing them are pathways for some, but it seems that power has shifted to the judiciary in the last 20 years or so (though my memory may be faulty). Once a judge says that something is "unconstitutional" (the Pledge of Allegiance, ferchrissakes?), it's done. The only recourse is to appeal the decision, a process which takes years. By the time that an appeal sees the light of the courtroom, inertia has set in, and the decision doesn't matter.
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Piano*Dad
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Bull-Carp
Vote for the adult:

Posted Image
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George K
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Piano*Dad
Dec 18 2011, 09:47 AM
Vote for the adult:

Posted Image
The more I see of him, the more I like.

Daughters are easy on the eyes as well. That's an important consideration, you know.
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John D'Oh
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George K
Dec 18 2011, 09:18 AM
Gingrich made his remarks during a Sunday appearance on CBS’s “Face the Nation” where he defended his position that the president has the power to eliminate federal courts to disempower judges who hand down decisions out of step with the rest of the nation.
Hopefully they can do the same thing to a President who acts in a similar manner.

Oh look - another f*cking nutter wanting to run the country. Quelle surprise!
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Jolly
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Geaux Tigers!
If you heard Newt at the last debate, he outlined the authority delegated to Congress to rein in the judiciary and provided examples where such authority had been used in the past.

I thought he made a compelling argument...ultimate power in a republic lies with the elected, not the appointed.
The main obstacle to a stable and just world order is the United States.- George Soros
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Mark
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HOLY CARP!!!
I agree Jolly.

For my entire life and long before, we have had presidents who simply lack the knowledge of the constitution and the powers it does grant to the individual branches.

What really makes me upset is this notion that "impeachment is bad for the country" when nothing could be further from the truth.
Edited by Mark, Dec 18 2011, 10:02 AM.
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When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
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George K
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George Will weighs in:

Gingrich, the anit-conservative

Gingrich, the anti-conservative

When discussing his amazingness, Newt Gingrich sometimes exaggerates somewhat, as when, discussing Bosnia and Washington, D.C., street violence, he said, “People like me are what stand between us and Auschwitz” [Atlanta Journal-Constitution, Jan. 16, 1994]. What primarily stands between us and misrule, however, is the Constitution, buttressed by an independent judiciary.

But Gingrich’s hunger for distinction has surely been slaked by his full-throated attack on such a judiciary. He is the first presidential candidate to propose a thorough assault on the rule of law. That is the meaning of his vow to break courts to the saddle of politicians, particularly to members of Congress, who rarely even read the laws they pass.

Gingrich’s most lurid evidence that courts are “grotesquely dictatorial” is a Texas judge’s aggressive decision concerning religious observances at high school functions, a decision a higher court promptly (and dictatorially?) overturned. Gingrich’s epiphany about judicial tyranny occurred in 2002, when a circuit court ruled unconstitutional the Pledge of Allegiance phrase declaring America a nation “under God.” Gingrich likened this to the 1857 Dred Scott decision that led to 625,000 Civil War dead. The Supreme Court unanimously overturned the circuit court’s “under God” nonsense.

So, Gingrich is happy? Not exactly. He warns that calling the Supreme Court supreme amounts to embracing “oligarchy.”

He says that the Founders considered the judiciary the “weakest” branch. Not exactly. Alexander Hamilton called the judiciary the “least dangerous” branch (Federalist 78) because, since it wields neither the sword nor the purse, its power resides solely in persuasive “judgment.” That, however, is not weakness but strength based on the public’s respect for public reasoning. Gingrich yearns to shatter that respect and trump such reasoning with raw political power, in the name of majoritarianism.

Judicial deference to majorities can, however, be a dereliction of the judicial duty to oppose actions irreconcilable with constitutional limits on what majorities may do. Gingrich’s campaign against courts repudiates contemporary conservatism’s core commitment to limited government.

Logically, Gingrich should regret the dictatorial Supreme Court decisions that have stymied congressional majorities by overturning portions of the McCain-Feingold campaign finance legislation and other restrictions on political speech.

Logic, however, is a flimsy leash for a mind as protean as Gingrich’s, which applauds those decisions — and the Kelo decision. In Kelo, the court eschewed dictatorship and deferred to the New London, Conn., City Council majority that imposed a stunning abuse of eminent domain. Conservatives were appalled; Gingrich, inexplicably but conveniently, says he is, too.

Gingrich radiates impatience with impediments to allowing majorities to sweep aside judicial determinations displeasing to those majorities. He does not, however, trust democratic political processes to produce, over time, presidents who will nominate, and Senate majorities that will confirm, judges whose views he approves.

Although not a historian, Gingrich plays one on television, where he recently cited Franklin Roosevelt (and Jefferson, Jackson and Lincoln) as “just like” him in being “prepared to take on the judiciary.” Roosevelt, infuriated by Supreme Court decisions declaring various progressive policies incompatible with the Constitution’s architecture of limited government, tried to “pack” the court by enlarging it and attempted to purge from Congress some Democrats who opposed him. Voters, who generally respect the court much more than other government institutions, reelected those Democrats and so thoroughly rebuked FDR’s overreaching that Congress lacked a liberal legislating majority for a generation.

To teach courts the virtue of modesty, President Gingrich would attempt to abolish some courts and impeach judges whose decisions annoy him — decisions he says he might ignore while urging Congress to do likewise. He favors compelling judges to appear before Congress to justify decisions “out of sync” with majorities, and he would sic police or marshals on judges who resist congressional coercion. Never mind that judges always explain themselves in written opinions, concurrences and dissents.

Gingrich’s unsurprising descent into sinister radicalism — intimidation of courts — is redundant evidence that he is not merely the least conservative candidate, he is thoroughly anti-conservative. He disdains the central conservative virtue, prudence, and exemplifies progressivism’s defining attribute — impatience with impediments to the political branches’ wielding of untrammeled power. He exalts the will of the majority of the moment, at least as he, tribune of the vox populi, interprets it.

Atop the Republican ticket, Gingrich would guarantee Barack Obama’s reelection, would probably doom Republicans’ hopes of capturing the Senate and might cost them control of the House. If so, Gingrich would at last have achieved something — wreckage, but something — proportional to his swollen sense of himself.

(Disclosure: This columnist’s wife, Mari Will, is an adviser to GOP presidential candidate Rick Perry.)
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"Now look here, you Baltic gas passer... "
- Mik, 6/14/08


Nothing is as effective as homeopathy.

I'd rather listen to an hour of Abba than an hour of The Beatles.
- Klaus, 4/29/18
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jon-nyc
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Im starting to get the impression that Will doesn't care much for Gingrich.
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John D'Oh
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jon-nyc
Dec 22 2011, 07:12 AM
Im starting to get the impression that Will doesn't care much for Gingrich.
I think he has good reason. The guy is incredibly pleased with himself. To mis-quote Robin Williams, he's more in need of having his unconvincing hair-style pushed into a lavatory and flushed than any middle aged guy I know.
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JBryan
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I am the grey one
Quote:
 
Logic, however, is a flimsy leash for a mind as protean as Gingrich’s


:D
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Mikhailoh
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If you want trouble, find yourself a redhead
I think he may be deliberately sabotaging his own campaign. Having run keeps him in the conservative public eye and therefore employable.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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George K
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Did you see the disclaimer at the bottom of Will's article?
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"Now look here, you Baltic gas passer... "
- Mik, 6/14/08


Nothing is as effective as homeopathy.

I'd rather listen to an hour of Abba than an hour of The Beatles.
- Klaus, 4/29/18
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Mikhailoh
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If you want trouble, find yourself a redhead
Yes. Interesting.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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