Time: Wed Jul 23 05:50:15 1997
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Date: Wed, 23 Jul 1997 05:46:26 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Book Review: "Impeachment: Restraining an Overactive
Judiciary" (fwd)
Restraining a Criminal Judiciary, maybe?
/s/ Paul Mitchell
http://www.supremelaw.com
<snip>
>
>Book Review:
>"Impeachment: Restraining an Overactive Judiciary" by David Barton
>
>Today, many would characterize America's Judicial branch as "out of
>control." Ruled by the whims of a few judges, America has become
>somewhat of an oligarchy. Have we come to the point where the courts
>rule instead of the people? Let's take a look at the following list of
>cases in which the will of the people was disdained:
>
>o "In LULAC v. Wilson and Gregorio T. v. Wilson, the courts suspended
>the results of the California vote to withhold State-funded taxpayer
>services from those who are ILLEGALLY in the country" [*1]
>
>o "In U. S. Term Limits v. Thornton and Thorsted v. Munro, the courts
>overturned the results of elections in which citizens in Arkansas and
>Washington had voted to limit the terms of their elected officials" [*2]
>
>o "In Romer v. Evans, the courts overturned a constitutional amendment
>approved by Colorado citizens to forbid awarding special, rather than
>just equal rights to homosexuals." [*3]
>
>These examples and more can be found in David Barton's New Book,
>"Impeachment: Restraining an Overactive Judiciary." In this book Barton
>explains the current condition of the federal judiciary and why
>impeachment is necessary. Quoting the founders themselves, he gives a
>basic history of impeachment and it's original intent, and contrasts it
>to the modern philosophy of impeachment. While today we believe that
>impeachment is only possible when a public official has committed a
>criminal offense or violated a statutory law [*4], historically
>impeachment proceedings have commenced for offences such as issuing an
>order that contradicted an act of Congress (today such an order would
>overturn the act of Congress), "judicial high-handedness", blasphemy,
>excluding evidence from a trial, misconduct, and trying to hide assets
>during divorce proceedings.[*5] President Andrew Johnson was almost
>impeached for "removing and replacing the Secretary of War." [*6]
>
>Barton also answers common objections, such as, "Does Impeachment
>Violate the Independence of the Judiciary?" and most importantly tells
>us what we can do.
>
>While I still believe that impeachment is a procedure of last resort,
>after having read this book, I am convinced that it is a constitutional
>measure that we must consider. While this book is directed primarily
>toward the judicial branch, you'll find that much of it applies also to
>the executive branch as well.
>
>Here is one of the many quotes that this book includes:
>
>[T]he opinion which gives to the judges the right to decide what laws
>are constitutional and what not, not only for themselves in their own
>sphere of action but for the legislature and executive also in their
>spheres, would make the judiciary a despotic branch. [T]o consider the
>judges as the ultimate arbiters of all constitutional questions [is] a
>very dangerous doctrine indeed, and one which would place us under the
>despotism of an oligarchy.... The Constitution has erected no such
>single tribunal. [*7]
>
>-Thomas Jefferson
>
>Reviewed by John Vinci
>----
>
>If you'd like a copy of this book please send $6.00 (ret. 6.95) plus
>$3.50 shipping and handling to:
>
>Books for a Better America
>20145 Van Aken Blvd. #220
>Cleveland, OH 44122
>
>Name:
>Address:
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>Phone:
>
>
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>
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>
>* Footnotes are all from "Impeachment: Restraining an Overactive
>Judiciary" and are available upon request
>
>--
>John Vinci -- jvinci@cybergate.net
>o Books for a Better America: http://www.webcom.com/bba
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> -An E-Newsletter on America's Christian Heritage.
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>
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> -A look at America's Founders
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>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
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As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
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