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CORRECT ABUSE
Now let's look into the process of how we can protect
ourselves from this brand of justice. All federal judges,
that is, ones who are selected by the president and approved
by the senate hold their offices during "good behavior."
This is what is known in government circles as an
'Article III' judge. These are the judges who are supposed
to be completely free from any influence of the other two
branches of government.
Other judges who are not Article III judges include
bankruptcy judges, immigration judges, magistrates, tax
court judges which come under Article I (congressional)
control. Any judge who is appointed for a specified period
is not an Article III judge.
However, when Article III judges are being coached by
the executive branch (IRS) and have become a rubber stamp for
approving unconstitutional governmental actions, they are no
longer free from influence.
Let's get into the definition of good behavior. The
dictionary defines it as: "To conduct ones self well or to do
the right thing." Pretty simple . . . Any school child
should have been able to define that one. The law dictionary
says much the same: "orderly and lawful conduct." However,
when we speak of federal judges and good behavior, we have to
get into lawful conduct.
Their oath specified that they will administer justice
to the poor and to the rich and will faithfully and impar-
tially discharge and perform all duties agreeably to the
Constitution and laws of the United States.
The key to impeachment are the words agreeably to the
Constitution and laws of the US. A law of the US is one
which fulfills constitutional requirements. Any law out of
sync with the Constitution is not a law of the US.
Any law which is a violation of the Constitution, and is
upheld, is a violation of the judges oath and therefore can't
be considered good behavior. Congress gave judges 'dis-
cretion' but this will not cover up a constitutional viola-
tion. Nor will it cover up a violation of a valid US law.
If a law is agreeable with the Constitution and a judge
violates such a law, it's not good behavior. If a federal
judge upholds a law which is not valid under the Constitu-
tion, it does not fit into the definition of good conduct.
Not even the Congress can give a judge the latitude to break
their oath or the Constitution nor a valid law. This is in
the area of malconduct which Hamilton in the Federalist
Papers called the basis for impeachment.
The law dictionary defines malconduct as "Ill conduct,
especially dishonest conduct, or, as applied against
officers, official misconduct." For malconduct, Hamilton
said that they are likely to be impeached by the House of
Representatives and tried by the Senate; and, if convicted
may be dismissed from office and disqualified from holding
any other.
Federal judges will be quick to point out that they are
following the rules of civil or criminal procedure. However,
if their action violates the Constitution or a valid law,
court rules must fall.
These court rules are usually proposed, written or
rewritten at judicial conferences or with special committees
established for that purpose. These rules then go to the
Supreme Court for revision or agreement and then are
submitted to Congress for their approval.
All authority for operation of the judicial system must
come from Congress. It's clear how many lawyers are in
Congress "taking care of their brothers in the legal
profession." Any law, any rule, any regulation must conform
to the power which we have delegated to the national govern-
ment. There are no exceptions to this!
Now, let's look at what is probably the proper procedure
to follow . . . We have to go to the House of Representatives
with our complaint against a federal judge.
Start with your own representative and file your
complaint as a Petition For Redress of Grievances. The
subtitle should be "Request for Impeachment of a Federal
Judge." Cite the violations of the Constitution or laws of
the United States with which you are accusing the judge.
There is a copy on file at the end of this book. Print it
out on any printer and you have your petition.
Send a copy to the House Judiciary Committee. Simply
address it: House Judiciary Committee, US Congress,
Washington, D.C. 20515. They are required by the Constitu-
tion (Art I, Sec 2, cl 5) to investigate the complaint and
you must insist that the requirements of the Constitution be
followed.
Cite that particular Article, section and clause as
authority for impeachment. Send all your papers by certified
mail so no one will be able to say they have never received
your complaint. If you hear nothing in a reasonable time,
follow it up with more letters.
Call your representative when they are in town and ask
about your petition. Don't be surprised if you do not
receive an answer, they will be resistant to changes in their
power structure. There is no question that you will have to
be forceful but be firm.
I don't believe anyone has to be disrespectful. I was
once told that you can catch more flies with honey than you
catch with salt. And, I have found it to be true. How you
handle that aspect of your complaint is entirely up to you.
If it wasn't true that they are working for you, they
wouldn't be coming home every so often and begging you to
vote for them and send them back to the funny farm!
Send a copy to your Senators also. Since they will be
required to try the case of impeachment, (Art I, Sec 3, cl
5) it will help your cause if they are made aware in advance.
You also may pick up some valuable help along the way.
Be firm in your conviction and honest in your charges
against the judge. If the judge has broken a law, spell it
out. If there is a constitutional violation which you can
cite, give it to them. Above all, put your entire complaint
down in your own words, don't make it sound like it was
something in a form letter you are following.
The more simple it is written, the easier it will be for
Congress to understand it. When these people are flooded
with complaints, something will be done. You might also send
a copy to your local newspapers and generate some local
pressure on the people in Congress who are supposed to be
upholding the Constitution.
You will never know if someone else reads about your
petition in the newspaper that they may also have a strong
complaint against the same judge in another area of viola-
tions and it could only strengthen your complaint.
There is much work to be done but it a necessary task if
we are to restore our original form of government. Wouldn't
it be reassuring if we knew the judicial branch was in fact
independent of the other two branches of government and had
not been coached to their actions by the executive or
legislative branches of government?
I feel it would be appropriate here to bring up another
point about federal judges that I wish the readers would
consider. That is this business of judges holding their
appointments for life. Because of the course of events in
recent years, it might be a good idea now to get the Congress
to approve another amendment to the Constitution.
That federal judges be appointed for a specified period,
let's say six years. They then would have to go through
reappointment by the president and reconfirmation by the
Senate with the provision for input from the people when
confirmation hearings are to be held.
It would give us some say-so on appointment of people
who are supposed to be the protectors of American citizens.
If the Congress would approve such an amendment, it would
then have to be sent to the states for ratification and that
is where we come in.
The Framers of the Constitution felt that the appoint-
ment of judges for life (or during good behavior) would
insure that they would remain independent. We can safely say
that this has not been true. Of course, the Founders
admitted they were not infallible so they established the
amendment process.
Today, when we can point out a failure in their wisdom,
it is up to us to change that error and amend the basic
document. All the delegated powers came from us and they
still come from us! Let's insist that these powers be
followed to the letter.
Our rights in the Constitution cannot be stepped on by
the judicial branch of the government anymore than they can
be ignored by the others. These rights are not subject to
the will of the judges and lawyers, they are absolute!
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