Thursday, June 4, 2009

Me vs. The Supremes – Part VII

Clearly, seven sitting Justices of the United States Supreme Court violated 28 U.S.C. §455 when they failed to disqualify themselves in the First Case I brought – Case Number: 05-459. This point was made perfectly clear when they did disqualify themselves in the Second Case I brought – Case Number: 07-6522. Significantly, to date, they notably have refused to rule upon my motion to rehear the Second Case for sixteen months which demanded they reconcile their diametrically opposed opinions in these two cases. So what result for a United States Supreme Court Justice who brazenly violates a Congressional Statute and hears a case he or she is prohibited from hearing? You can’t sue them for money damages – Case Number: 07-6522 confirmed that Judges have given themselves absolute judicial immunity for anything they do while acting as judges. To me, that left only one option – remove seven justices from the United States Supreme Court for violating Article III, §1 of the United States Constitution . . .

Article III, §1 of the United States Constitution states in pertinent part: “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior . . .”. But what exactly is: “good Behavior” and what mechanism exists to remove judges for lack of “good Behavior”?

Plainly, the Constitution delegates to the Legislative Branch only the right to remove “civil officers” – which necessarily includes Justices – in limited circumstances. Article I,§2 states: “The House of Representatives . . . shall have the sole power of impeachment.” Moreover, Article I, §3 states: “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States . . .”. Finally, Article I, §4 states: “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.Ergo, Congress can only removed a civil officer such as a Supreme Court Justice upon an impeachment and conviction in only three instances: (i) treason, (ii) bribery, or (iii) other high crimes and misdemeanors. A priori, Congress cannot remove a civil officer for misbehavior that does not rise to the level of: (i) treason, (ii) bribery, or (iii) other high crimes and misdemeanors as such power was never granted – and indeed was expressly prohibited – to Congress.

Thus, a fortiori, there exists a range of judicial behavior which is not: (i) treason, (ii) bribery, or (iii) other high crime and misdemeanor but that does constitution misbehavior sufficient to breach the “good Behavior” requirement of Article III, §1 for holding judicial office. Given that neither the judicial branch under Article III nor the executive branch under Article II was granted the power to remove Supreme Court Justices, that power, under the Ninth and Tenth Amendments, resides with the People and it thus could be properly exercised by an individual in a judicial proceeding.

Upon this reasoning, my third lawsuit against the nine Justices of the United States Supreme Court was filed on October 10, 2008.


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