Full Version: Should Justice Scalia be impeached?
O.K., folks-it looks as if Justice Scalia went on a duck hunting trip with Vice President. While no impropriety has been discovered or admitted officially, it does stain the perception that the supreme court is aloof from the other two branches.
The incident:
(Feb.6 New York Times article by Michael Janofsky)
Questions for debate:
1)At a minimum, should Justice Scalia recuse himself from a case that involves the Vice President as a defendant?
2.)Do you believe that Justice Scalia should be impeached and possibly removed from the court over this? If not, please explain.
3.)While the Bush people don't like "activist" judges, aren't their own judges "activist" too??
The incident:
QUOTE
On Jan. 5, Mr. Cheney and Justice Scalia flew to Southern Louisiana to spend several days at a duck-hunting camp owned by Wallace Carline, a friend of both men and a Democrat, said the local sheriff, David A. Naquin of St. Mary Parish. Sheriff Naquin, who was involved in planning Mr. Cheney's visit, said the vice president, Justice Scalia and other friends of Mr. Carline hunted that afternoon and the next morning before rain cut their activities short.
After accounts of the trip circulated, Senator Leahy and another Democratic senator, Joseph I. Lieberman of Connecticut, wrote to Chief Justice William H. Rehnquist, questioning the appropriateness of Mr. Cheney's spending "extended time" in a social setting with Justice Scalia after the court agreed to hear an important case that involved the vice president as a defendant.
After accounts of the trip circulated, Senator Leahy and another Democratic senator, Joseph I. Lieberman of Connecticut, wrote to Chief Justice William H. Rehnquist, questioning the appropriateness of Mr. Cheney's spending "extended time" in a social setting with Justice Scalia after the court agreed to hear an important case that involved the vice president as a defendant.
(Feb.6 New York Times article by Michael Janofsky)
Questions for debate:
1)At a minimum, should Justice Scalia recuse himself from a case that involves the Vice President as a defendant?
2.)Do you believe that Justice Scalia should be impeached and possibly removed from the court over this? If not, please explain.
3.)While the Bush people don't like "activist" judges, aren't their own judges "activist" too??
The answers to the questions posed are as follows:
1. Yes. Scalia should recuse himself from hearing a case where he has a personal friendship with one of the key individuals involved. He should know that even the hint of impropriety damages both his reputation and that of the Court.
2. No. Emphatically NO. Scalia can be friends with whomever he chooses. That isn't the issue. Unless someone has any evidence that Scalia is corrupt or engaged in some illegal activity there is no basis to support impeachment.
3. Define "activist" judge. Not to speak for Bush, but what they want (or so they say) are "strict constructionists" as judges. Scalia's judicial approach has been if it's in the Constitution it's constitutional. If it isn't then its not. That is counter to other judges who view the Constitution as "a living document" that has contemporary applications. Neither camp is by nature, "activist" and both philosophies have their merits and drawbacks.
1. Yes. Scalia should recuse himself from hearing a case where he has a personal friendship with one of the key individuals involved. He should know that even the hint of impropriety damages both his reputation and that of the Court.
2. No. Emphatically NO. Scalia can be friends with whomever he chooses. That isn't the issue. Unless someone has any evidence that Scalia is corrupt or engaged in some illegal activity there is no basis to support impeachment.
3. Define "activist" judge. Not to speak for Bush, but what they want (or so they say) are "strict constructionists" as judges. Scalia's judicial approach has been if it's in the Constitution it's constitutional. If it isn't then its not. That is counter to other judges who view the Constitution as "a living document" that has contemporary applications. Neither camp is by nature, "activist" and both philosophies have their merits and drawbacks.
QUOTE(nighttimer @ Feb 7 2004, 03:10 PM)
3. Define "activist" judge. Not to speak for Bush, but what they want (or so they say) are "strict constructionists" as judges. Scalia's judicial approach has been if it's in the Constitution it's constitutional. If it isn't then its not. That is counter to other judges who view the Constitution as "a living document" that has contemporary applications. Neither camp is by nature, "activist" and both philosophies have their merits and drawbacks.
I don't think it's about something being in the constitution or not; it's about narrow vs. broad or exclusive vs. inclusive interpretations of that document. Saying that a certain interpretation is "not in the constitution" betrays a position one has taken regarding that interpretation, and conservatives only support the minimalist interpretation because it suits them. They don't like constitutional concerns putting limits on the power - e.g. legislating from the Bible - they would like to exercise.
I would argue that their judges are equally activist-they're just activists with differing interpretations. Isn't this evidence of that? You have the likes of the Federalist Society and others who are pro-state's rights and who generally have a bad view of labor laws. I should have elaborated--isn't the duck hunting thing evidence that this process has become too political?
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Topic closed...</td></tr><tr><td id='QUOTE'>Reason: Duplicate topic.<br /><br />Recommended action: Please use the search feature to locate a similar topic. If you are unable to find a similar topic, please contact the staff member who closed the topic by clicking the PM button below this post.<br /><br />Helpful links:<br /> - Simple Search<br /> - Advanced Search<br /> - Starting New Topics<br /> - Survival Guide<br /> - The Rules<br /> - Staff Directory<br /></td></tr><tr><td class='darkrow1'><div align='center'>Note: This is an automated response.</div></td></tr></table></div>
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