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foundit66 12-18-2011 03:19 AM

Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Republican presidential candidate Newt Gingrich declared Thursday that he would work to abolish federal judges if he didn’t agree with their “anti-American” or “dictatorial” rulings.

At a GOP debate in Sioux City, Iowa, Fox News moderator Megyn Kelly noted that at least two conservative former attorneys general had blasted Gingrich’s “dangerous” and “totally irresponsible” plan because it would alter the balance of powers.

“It alters the balance because the courts have become grotesquely dictatorial, far too powerful,” Gingrich admitted. “I’ve been working on this project since 2002 when the Ninth Circuit court said that ‘one nation under God’ is unconstitutional in the Pledge of Allegiance. And I decided that if you had judges that were so radically anti-American that they thought ‘one nation under God’ was wrong, they shouldn’t be on the court.”

“Like Jefferson, Jackson, Lincoln and FDR, I would be prepared to take on the judiciary if, in fact, it did not restrict what it was doing,” he added.

As for those conservative former attorneys general, Gingrich wanted to know if they had studied “Jefferson, who in 1802 abolished 18 out of 35 federal judges?”

“I would suggest to you, actually as a historian, I may understand this better than lawyers, and as lawyers, those two attorneys general are behaving exactly like law schools which have overly empowered lawyers that they can dictate to the rest of us,” he insisted.

Watch this video from Fox News, broadcast Dec. 15, 2011.
Gingrich: Abolish ‘anti-American’ Ninth Circuit judges | The Raw Story
Video at the web-site.
It appears to show Gingrich's full commentary at that particular debate, so it doesn't appear to be a cut-and-paste job...

I can see how this mentality would play well to some Repubs, but this person as an actually nominated candidate would just alienate the middle who recognize it as unadulterated extremism.

But it looks like Gingrich is dropping in popularity anyways...
Well, that was quick...

foundit66 12-18-2011 03:20 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
And some history on Gingrich's ill-fitting "Jefferson" comparison...

Gingrich?s Awful Proposal to Abolish Judgeships?Part 2 - By Matthew J. Franck - Bench Memos - National Review Online
Quote:

But Gingrich’s proposal doesn’t match its supposed precedent. He doesn’t simply want to restore a status quo ante (for motives pure or partisan) by abolishing a court we don’t need. He apparently wants to abolish it and then recreate it in some fashion, with new vacancies. That’s cheating on the Constitution’s rules for the removal of judges one doesn’t like. If the problem is the judge (not the court), then the Constitution provides for impeachment. That’s difficult, both procedurally and in terms of the standards to be applied to justify removal. But it’s difficult for a reason. I have often said that judicial independence is something we could stand to have a lot less of. But there are right ways and wrong ways to bring activist judges to heel. This is a very badly wrong way.

saltwn 12-18-2011 03:34 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
I'm all for getting rid of the 9th circuit. But this seems another feel good statement to garner votes. I don't think he could really do it. Could he? :confused

Oftencold 12-18-2011 03:39 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Your opinion probably stems from a common misconception. That is, the Separation of Powers does not apply to the Federal Court system the way it does to the Presidency, Congress and the Supreme Court. I suspect that this lack of understanding arises from the nefarious mechanization of the Public Indoctrination System to which we submit defenseless children.

You see, the Federal Court System is the creation and responsibility of Congress, which may alter it as it pleases. In fact, if Congress were to decide that any aspect of the Federal Court System were guilty of culpable, immoral, or anti-constitutional action, the casual rational observer would be forced to concede that it would be the explicit responsibility of Congress to alter the system.

Quote:

The US Constitution mandated the creation of the Supreme Court and the federal court system, but left the details to Congress. Article III, Section 1 of the Constitution states:

Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Congress has the power to amend this rather quaint system in any way it deems desirable within the limits of the Constitution.

So a call to disband, replace, alter or upgrade the Ninth Circuit Court by any citizen is a completely legitimate, legal, and constitutionally grounded proposal.


I hope that this helps to clear up misunderstandings.

Oftencold 12-18-2011 03:41 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Originally Posted by saltwn (Post 382517)
I'm all for getting rid of the 9th circuit. But this seems another feel good statement to garner votes. I don't think he could really do it. Could he? :confused

He can't but Congress can. The Federal Courts are not organizationally subordinate to the Supreme Court, but to Congress. The Left doesn't really want people to understand this, lest they get "ideas," since the Congress in turn is subordinate to the Electorate.

saltwn 12-18-2011 03:46 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Originally Posted by Oftencold (Post 382519)
He can't but Congress can. The Federal Courts are not organizationally subordinate to the Supreme Court, but to Congress. The Left doesn't really want people to understand this, lest they get "ideas," since the Congress in turn is subordinate to the Electorate.

well get the hell rid of them. I can't think of a good reason for their remaining. They cost my (former) county 10s of thousands of dollars we could ill afford and just basically flicked a bugger at our law suit over illegals. Where do I sign up to get rid of their azzes? :devil

Oftencold 12-18-2011 03:57 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Originally Posted by saltwn (Post 382521)
well get the hell rid of them. I can't think of a good reason for their remaining. They cost my (former) county 10s of thousands of dollars we could ill afford and just basically flicked a bugger at our law suit over illegals. Where do I sign up to get rid of their azzes? :devil

Right here!

saltwn 12-18-2011 04:11 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Originally Posted by Oftencold (Post 382522)
Right here!

haha good one :thumbsup
But you probably forgot or didn't realize I am still a registered Republican.:nahnah

Oftencold 12-18-2011 04:13 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Originally Posted by saltwn (Post 382524)
haha good one :thumbsup
But you probably forgot or didn't realize I am still a registered Republican.:nahnah

I've been meaning to ask you about that for some time. I missed something somewhere. I had the firm impression that you were a left-of-center Democrat. If you've discussed that elsewhere, I fear I missed it.

saltwn 12-18-2011 04:40 AM

Re: Gingrich: Abolish ‘anti-American’ Ninth Circuit judges
 
Quote:

Originally Posted by Oftencold (Post 382525)
I've been meaning to ask you about that for some time. I missed something somewhere. I had the firm impression that you were a left-of-center Democrat. If you've discussed that elsewhere, I fear I missed it.

Long story boring. Quickly I always split my vote since living in Idaho. Almost always. Congress GOP/President often Democrat or third party. Went for McCain but switched at 11th hour (literally about 6 wks b4 election) to campaign for Obama. Still voted GOP in most national and local congressional races. Am currently upset with Raul Labrador tho. :p


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