Thursday, April 14, 2005

Thank you, Mr. Vieira, . . .

for helping reinforce the left's worst stereotypes of the right. Sheesh!

Impeaching a justice is not in the cards. It would only drive away moderates and gain nothing. Justice Kennedy's appeal to foreign jurisdictions for support of his opinions is odious, but it isn't an impeachable offense.

What I would rather see is an Amendment that would make it easier to overrule judicial decisions that strike down democratically enacted legislation. I'm not sure how it should be done, but I think that the framers expected that it would be easier to amend the Constitution than it has turned out to be. Amendment was to have been the check on the power of the judicial branch. I don't know whether the Constitutional Convention discussed judicial review of statutes, or even if they realized that it would become an issue or create an imbalance of power among the three branches. In any event, the question for Americans now is whether we will see this problem and support measures to make judges more accountable to the public.

Another idea would be a Constitutional amendment that requires all judges to stand for retention elections. The voters could vote on whether to retain each one or not. The question is "good behavior" and I think that the voters, being the source of all government power are well-qualified to make that determination.

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