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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

>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
>City, State, Zip:
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>* Footnotes are all from "Impeachment: Restraining an Overactive
>Judiciary" and are available upon request
>John Vinci -- jvinci@cybergate.net
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Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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