Removing Judges who Fail to Uphold the Constitution


It has long been a practice within the federal government that federal judges at any level are allowed to do what they like in the courtroom as long as they don’t engage in anything obviously illegal. The content of the rulings the judges make were not something the congress had any power to revisit except through laws and amendments to the constitution itself.

However, in the most recent century, we have seen judges arise who refuse to read the constitution and enforce its clear meaning. That is why today we have abortion, due to some unknown right to privacy and some unknown connection to abortion that the constitution supposedly contains. There are other examples of courts run amok, from Miranda Rights to Imminent Domain.

It is nothing new to have corrupt judges that are corrupt only in their interpretation of the law. However, there is a remedy and it is quite easily applied: Remove them from office.

On what grounds can the House of Representatives impeach a judge who simply made a really dumb ruling? This is easy. They violated their oath to uphold and defend the constitution, and so are no longer worthy to hold office as a judge.

The House of Representatives should, and the Senate as well, put all the judges from top to bottom in the federal system that they are willing to impeach judges who make unconstitutional rulings. They should hold trials in the senate for those who are accused of violating that document. The content of the trial would focus on the senate’s interpretation of the constitution, with the house and the judge each arguing their own views. In the end, the ultimate arbiter of what is and is not constitutional would be the senate, not the supreme court.

Or really, it would revert back to the original system of each branch of government having a strong say in what is and is not constitutional.

The president would act according to how he interprets the constitution, being removed from office only for crimes as low as misdemeanors. He would also select the judges that populate the judiciary. He would also have the veto power, which he could wield to keep unconstitutional laws off the books.

The house and senate would have the power to write laws according to their interpretation of the constitution. The senate would also support or reject the nominations to the judiciary by the president, able to interview each judge to determine whether their interpretation of the constitution matches the senate’s. And the house and senate together could remove from office any judge who failed to uphold their interpretation.

The judges would make rulings according to law and the constitution, and no specific application of law could occur without their sanction.

It is important to realize that the constitution is written in such a way such that every person in our country is entitled to their own interpretation of it. This translates to each branch exercising their powers according to their interpration of the constitution. The constitution also describes how incompatible interpretations of the constitution are to be resolved. The answer isn’t to bow before the supreme court, but to play the game outlined in the constitution, using whatever power you are able to gather.


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