The system of Federal judges has its ups and downs, but being able to vote judges out of their chairs in popular elections is an insane idea.  Judges generally are only subject to removal for corruption and abuse of power, not for the content of their decisions. (And if the content of that decision is swayed by outside forces, that’s corruption).

Lots of people hated Brown v Board, but if the 8 USSC justices had been forced to face re-election, we’d still have state-sanctioned segregation of races.

There is the process of impeachment.  Just recently a Federal Judge was removed by the House impeaching and the Senate convicting. It drew little press because both sides pretty much agreed the guy was a crook.  One judge removed actually joined Congress…Alcie Hayward (is that right?)

As much as I hate Scalia and Thomas, I think there are better ways to remove them from office LEGALLY than by a recall election…and I’d dearly love to see them out.

Re: aacme88, November 7 at 6:49 am.

You state: “All systems hold within them the seeds of their own destruction. Everything has an arc. People are infinitely probing, seeking the tiny faults in any human system to be exploited for incremental gain, an edge.”

Response: Why do you state and seemingly believe that every imaginable system of governance which could be possibly organized, holds within its creation its own seeds of destruction?

You state: “People are infinitely probing, seeking the tiny faults in any human system to be exploited for incremental gain, an edge.”

Response: Do you state this predicated upon the postulated concept, that to maintain freedom and liberty, one must have eternal vigilance, manifested by infinitely probing, seeking and confronting faults, to maintain incremental gains to assure any edge possible to maintain those precious freedoms and liberties?

All systems hold within them the seeds of their own destruction. Everything has an arc. People are infinitely probing, seeking the tiny faults in any human system to be exploited for incremental gain, an edge.
One of out current problems is that 235 years ago we initiated both a political and an economic system. Both were new, virginal, squeeky clean. Now they are seeing the end of the arc, faults probed to the breaking point, gains taken ad infinatum, both systems decrepit and waning. Both could be rejuvinated by restricting access to the many faults and fissures discovered over 235 years. But the fox runs the henhouse now. Doesn’t want to plug the cracks. The cracks leak money, for the fox at least.

It seems we must once again take to humble desires while seek harmony by our continuous insolent prompter to dialog about insolence!

But everyone should know, that such behavior entitles us with the opportunity to continue our dialog about solution oriented paradigms, to wit:

It seems that certain individuals who wish to continue their hateful degradation of those exercising reasonable discourse while seeking only solution oriented paradigms (per: http://www.scribd.com/rahyah) are not the only subjects of such degrading behavior! ‘Truthdig’s Forum’ moderators as well as every reasonable and socially respectful poster herein, must be subjected to the personable or accidental insolence, as if such insolent individuals, where above the decorum rules of socially profitable ethics of Public Discussion or Debate. I dare say, that we as the collective body posters within this forum should allow any such behavior. Nor should we expect it allowed by the ‘honorable moderators’ of this forum!

Even though at all times, both we and ‘Truthdig’s Forum’ have only pleaded reasonable behavior within this forum, designed for airing the need for civilized exchange of ideas.

There are those of course, who persist in their prerogative to pander their perfidious form of social behavior as acceptable intelligentsia for the rest of us to follow. But in turn for our sufferance of such hateful behavior, those who act accordingly, are offered no solutions to confront the true issues which face us on a daily basis.

For those of us who wish to remain above their infantile behavior, we remind those who may be subjected to such hateful and degrading mannerisms, to ignore them, like the spoiled little brats they are, who only deserve our contempt and whatever reasonable decisions may be made by the moderators to proffer exhortations that such individuals may be willing to manifest acceptable decorum or chose to deny them the privilege as posters within this forum. One can only hope for the best, for all concerned!

And yes, sometimes the respect given, can be met on the road of hopeful enlightenment, by those seeking to discourage, rather than exhorting All Walks of Life to greater possibilities. My best to all who post herein, for the purpose of Good Will in the interest of seeking Universal Peace with All Walks of Life!!!

Orbis:

I see you’ve mastered cut and paste.

It seems that certain individuals who wish to continue their hateful degradation of those exercising reasonable discourse while seeking only solution oriented paradigms (per: http://www.scribd.com/rahyah) are not the only subjects of such degrading behavior! ‘Truthdig’s Forum’ moderators as well as every reasonable and socially respectful poster herein, must be subjected to the personable or accidental insolence, as if such insolent individuals, where above the decorum rules of socially profitable ethics of Public Discussion or Debate. I dare say, that we as the collective body posters within this forum should allow any such behavior. Nor should we expect it allowed by the ‘honorable moderators’ of this forum!
 
Even though at all times, both we and ‘Truthdig’s Forum’ have only pleaded reasonable behavior within this forum, designed for airing the need for civilized exchange of ideas.

There are those of course, who persist in their prerogative to pander their perfidious form of social behavior as acceptable intelligentsia for the rest of us to follow. But in turn for our sufferance of such hateful behavior, those who act accordingly, are offered no solutions to confront the true issues which face us on a daily basis.

For those of us who wish to remain above their infantile behavior, we remind those who may be subjected to such hateful and degrading mannerisms, to ignore them, like the spoiled little brats they are, who only deserve our contempt and whatever reasonable decisions may be made by the moderators to proffer exhortations that such individuals may be willing to manifest acceptable decorum or chose to deny them the privilege as posters within this forum. One can only hope for the best, for all concerned! 

And yes, sometimes the respect given, can be met on the road of hopeful enlightenment, by those seeking to discourage, rather than exhorting All Walks of Life to greater possibilities. My best to all who post herein, for the purpose of Good Will in the interest of seeking Universal Peace with All Walks of Life!!!

Orbis:

Never mind what I said about welcoming you back to earth. Seems like it was just a touch and go, and you’re back in orbit around Krypton or the like.

Seriously. Do you understand that you’re a fruitcake?

Lest those presumably conditioned to less reasonable behavior, might allegedly think I’ve considered their insignificant banter to preclude my attempt to exhort others via the Science of Right Reason, I proffer for those seeking Good Will in the interest of seeking Universal Peace with All Walks of Life the following web link: http://www.scribd.com/rahyah. With the suggestion, to read the published “4” declarations of the S.E.A., for edification to greater possibilities along the path of solution oriented paradigms.

In conclusion remember, I only desire to foster Good Will and Universal Peace with All Walks of Life seeking Good Will!!!

In conclusion to my previous postings about your new Associate Supreme Court Justice, Ms. Kagan, to wit:

Kagan does, however, speak of socialism in the most glowing and nearly reverent of terms. 

Kagan describes socialism as “a golden future” for America and bemoans the hesitation of Americans to discuss “socialism’s greatness”.  She describes America as “a society by no means perfect,” and implies that the imperfect state of affairs has continued because of the failure of “the socialist movement [to] become an alternative to the nation’s established parties”.

Kagan eulogizes and mourns the demise of the Socialist Party, saying “The story is a sad but also a chastening one for those who, more than half a century after socialism’s decline, still wish to change America.” Kagan describes Socialism not as a social or political theory, but as “an enduring and radiant ideal.” (emphaisis added)

To sum it up:

Elena Kagan:
1.    Is presumed to be out of touch with mainstream America, never having “lived there”;

2.    Has both feet planted firmly in the air as part of academia’s elitist pseudo-intelligenzia;

3.    Has never engaged in productive or gainful employment in the private sector;

4.    Has never tried a real, live case involving real, live people;

5.    Has never presided as a judge over so much as a pretrial hearing, much less a trial;

6.    Has never shouldered the responsibility, not to mentioned the liability of making decisions that affect people;

7.    Apparently until proven otherwise, places selfish political interests of gays and lesbians above the sanctity of free speech;

8.    Idolizes Socialism and it’s “greatness” as the “hope” of a “golden future” for an “ideal” America, the cure for an “imperfect society”; and

9.    Considers the U.S. Constitution as an obstacle social construct to be overcome, rather than presumably until prove otherwise, a fortress of freedom and she may even be among the army of totalitarianists laying siege to that fortress, your claimed Constitution!

Elena Kagan is neither qualified nor worthy of her recent confirmation as an associate Supreme Court Justice, if to be such an associate until she evinces jurisprudence balanced in dicta, respecting just cause of those who have or had, the solemn pride that our Ancestors of honorable memory have laid upon the altar of freedom that we might continue to establish for each generation a strong foothold, which continue to foster those self-evident unalienable rights to which the Law’s of nature and Nature’s Creator entitle us!!!.

Again, continuing from my previous postings as stated:

So how can anyone know whether Kagan will defend their Constitution?  Without deeds they have to look at but her on words:

1993 - “Regulation of Hate Speech and Pornography After R.A.V.” University of Chicago Law Review, Vol. 60, No. 3/4, pp. 873-902

In this paper Kagan lumps “hate speech” and “pornography” together, although the actual substance of the paper is concerned primarily with speaking negatively of gay or lesbian rights.  The R.A.V. case had nothing to do with pornography.  Linkage of advocating against special rights for gays and lesbians with obscenity is intellectually dishonest, a transparent effort to equate speaking out against special protection and privileges for gays and lesbians with unprotected obscene speech. 

Kagan apparently has an agenda that is not consistent with the protection of any presumed or alleged so-called First Amendment rights insofar as they protect those who accept or oppose the gay and lesbian agenda.

Kagan states in that paper, “The question I pose is whether there are ways to achieve at least some of the goals of the anti-pornography [linkage, again] and anti-hate [opposition to gay and lesbian special privileges] speech movement” in spite of the presumptions to the First Amendment.  She acknowledges allegedly, that your presumed freedom of speech is within the protection of the First Amendment ” . . . but a carefully drafted statute might well surmount these hurdles.”  Kagan does not see the U.S. Constitution as a fortress of freedom to be guarded and defended, but as an obstacle to be overcome.

1996 - “Private Speech, Public Purpose:  The Role of Governmental Motive in First Amendment Doctrine” University of Chicago Law Review, Vol. 63, No. 2, pp. 413-517

In this paper Kagan acknowledges that the Supreme Court has held that motives of Congress are not a factor in determining whether a statute is or is not within or without Constitutional restraints, but argues that “governmental motive” should be “the preeminent inquiry of the First Amendment.” Don’t you just love your presumed new associate justice!!!
Kagan cites Cass Sunstein, who advocates imprisoning those who disagree with official government policy, not only with favor but as some kind of authority, indicating that Kagan has difficulty distinguishing between actual legal authority of the real world and pseudo-intellectual theoretical conjecture. So, do you think she was educated in the same paradigm of presumed reality as you and your children have been, concerning at least the actual authorities that most are instructed in, by the Centers of Educations which all are forced to attend, in those most formidable and impressionistic adolescent years?. 

A reading of this paper makes it evident that Kagan believes that government restrictions on free speech should be barred only when the restriction is “impermissibly motivated”.  Conversely, one might deduce, that Kagan obviously believes that Congress should be permitted to violate the First Amendment for a “permissible” motive.  Would that include prohibition of supporting or opposing special privileges afforded gays and lesbians? Or, possible used to prohibit and/or sanction those whose purposefully slander and/or libel individuals unwilling to test the fact presented before accepting liability for actions taken?

1981 - “To the Final Conflict:  Socialism in New York City, 1900-1933”, Princeton University Archives

Kagan’s senior thesis when a candidate for graduation at Princeton University is probably the most revealing of her twisted vision of America’s future.  While comparisons have been drawn between

Kagan’s choice of socialism as the subject of her thesis with Roberts’ choice of Marxism for a paper, it is doubtful one will find any glowing references to communism in Roberts’ paper.

Continuing from my previous posting as stated:

WHO IS THIS NEW ASSOCIATE SUPREME COURT JUSTICE ELENA KAGAN?

CAN SHE BE TRUSTED WITH YOUR PRESUMED CONSTITUTION?
First, the facts:

Kagan is a graduate of Princeton and Harvard, which along with Yale, sum up in three words what is going wrong with this country.

Kagan is a close friend of the infamous and amoral Eliot Spitzer, a Harvard Law classmate, so much so that she admitted her own inability to act objectively by recusing herself as Solicitor General in a case involving Spitzer. 

She is also associated closely with “tank commander” Dukakis and openly engaged in political activities for Clinton’s re-election bid while serving as a public servant.  Divided allegiances do not seem to faze Ms. Kagan.

Kagan, in spite of her limited - make that non-existent exposure to productive activities in the private sector, has managed to amass a personal fortune of millions, apparently having the same astute investing savvy (or insider information) demonstrated by U.S. Secretary of State,  Hillary Rodham Clinton, in parlaying $1,000 into $100,000 in less than a year of trading in cattle futures.

Kagan is an insider to the established ruling clique, rubbing shoulders with the great and mighty anointed in-crowd.  She is an insider in the P-H-Y dominated oligarchy and has apparently kissed the ring of the Rothschild/Chase/Morgan et al. banking cartel we call the Federal Reserve Bank.

Kagan has absolutely no experience that would qualify her to sit as the recently sworn in, on the highest bench in the land as a associate justice of the U.S. Supreme Court, having zero experience in weighing and balancing in deciding any case. 

Although she was appointed and miraculously accepted as the nation’s lead court-room advocate (U.S. Solicitor General) she has never tried a case as an attorney.  Her legal and judicial experience level is equal to that of a green law school graduate who knows a lot of law but hasn’t a clue what to do with it or how our system works.

In respect to being down to Earth, if the meaning is presumed to mean, operating via the Science of Right Reason, I would only present the following facts for those who presume others are allegedly representing them, or concerned with preserving the Science of Right Reason, as presented by my following 2-3 postings. I humbly apologize for having to post such comments but this forum limits comment to 4k words or less!

Orbis:

It’s good to see you’ve come back down to earth. And thanks for not including your link.

Just so no one believes that I accept the actions of Congress ‘Cart Blanche’, to wit:

It seems that Congress is always able to surpass its previous level of either chicanery or pettifoggery.  Either such presumed representatives are making a wedding gift commemorating the unholy marriage between big money and big government or someone needs to hand it a sign saying “I’m Unconcerned!”

No really, I’m just joking of course! One would never think that such an illustrious body of learned individuals, would lower themselves to such unworthy concern for their subjects, would they?

But considering their recent past actions over the last several years with hand over fist outpourings of so-called Americans’ money to both domestic lenders, foreign influences, and others have already exceeded a trillions upon trillions of dollars and now they are considering dishing out as much again, to everyone except those who need of such relief, from their actions.

The current crisis is that people are losing their homes and people are losing their jobs, making the purchase of goods and services beyond their reach which leads to more people losing their jobs and unable to pay for their homes.  So, why are they giving the people’s money to banksters and corporations that can afford to hand out 100+ million dollar bonuses to CEO’s and international ventures who have managed to fail both their local, national, and multinational corporate conglomerates into both private international and government bestowed prosperity?  Give them their signs! But only if you have Standing to State a Claim for which relief can be Granted! Not otherwise. Otherwise, you’ll be charged as either a domestic terrorist or worse!!!!

Congress needs to put the water on the fire, not on the arsonists.  One simple move could regenerate and stimulate our economy without writing a single check and would cost less than half in reduced revenues of what they have handed out and are proposing to hand out.

It couldn’t be simpler or more obvious:  Suspend the collection and withholding of personal income tax, effective immediately.

For no more than the initial $800,000,000,000 “bail out” to lenders and less than the current proposed “stymie us” plan, additional (and earned) revenues can be instantly injected into millions of working households across the country.  No check writing, no administration, no weighing and balancing of requests and, most importantly, no printing (and borrowing) more phony dollar bills to further dilute the buying power of working and struggling American families.  Just distribution would be self-effecting because not one dollar would go to anyone who had not already earned it.

The impact would be felt on the first payday following the suspension.  What would those earned dollars do for those in distress as opposed to giving truckloads of the money they’ve earned to corporate and political cronies?  What effect would that have on local, state and national economies?  People who are struggling to avoid foreclosure on their homes may be able to save them (Wasn’t that the problem?).

Food for thought:

In 1970, Congress passed the Racketeer Influenced and Corrupt Organizations (RICO) Act, Title 18, United States Code, Sections 1961-1968. At the time, Congress’ goal was to eliminate the ill-affects of organized crime on the nation’s economy. To put it bluntly, RICO was intended to destroy the Mafia.

Maybe, for those who claim to be “suave” while seeking to corrupt Good Will, should consider that Congress may extend such RICO Act to conspiracy to commit. By associating its governance against those who practice insolent behavior by such ill mannered thought influences via slander or libel. In this way, the ill-effect of such influences or insolent behavior will get their just re-wards as Wards of the State!

As always, it is best to seek Good Will in the interest of Universal Peace with All Walks of Life!

Orbis:

Ahhh, you busted me to the truthdig thought police. How nice.

Postscript:  Citizen’s widespread cowardice is also a problem.  In Minnesota (and several other localities)  peace activists are currently suffering an over-powered intrusion from the local FBI just like in the good olf 50s and 60s?  The case is still being processed. Tjey need support.  More urgent information on http://www.stopfbi.net. 

It is vital that we defend freedom of speech especially regarding protests against the wars which most of us at TD have regularly spoken out against. These people are young and at risk.

It seems that individuals who wish to degrade those seeking only solution oriented paradigms (per: http://www.scribd.com/rahyah)must be subjected to insolence.

Even though at all times, we have only pleaded reasonable behavior within an alleged forum designed for airing hopefully civilized exchange of ideas.

There are those who persist in their prerogative to pander their form of social behavior as acceptable intelligentsia for the rest of us to follow but in turn offer us no solutions to confront the true issues which face us on a daily basis.

For those of us who wish to remain above their infantile behavior, we must ignore them like spoiled little brats who deserve only our contempt, until they in turn, in our most fervent hope, to choose at some put in their lonely and pathetic little lives, to act reasonably to respect others who’s only desire is to proffer respect in return, for respect given!!!

And yes, sometimes the respect given, can be met on the road of hopeful enlightenment, those seeking to discourage, rather than exhorting to greater possibilities. My best to all who post herein, for the purpose of Good Will in the interest of seeking Universal Peace with All Walks of Life!!!

Orbis:

Are you still peddling that goofy “declaration” from Klingon or Aldaran or wherever?

And your flowery faux-legalese language is really cloying.

Back to Area 51 with you now! Go on!

Simply put, the evidence in support of voter value in respect to changing the Rules by which the Guardians play by, appertaining to any of the branches of government or agencies thereof, is as likely to effect or alter the outcome arising from the lack of Standing to State a Claim for which relief cam be Granted, pro or con, in a system of governance you’ve been duped into believing your a party too!!!

In support of the aforementioned, one only has to avail themselves of these facts by reading the “4” declarations posted by the SEA at the web link: http://www.scribd.com/rahyah.

Individuals, singularly or collectively, find it hard to face their duty upon the Watchtower of self-determination in support of the self-evident principles, ‘that all men are by nature are equally free and independent, and have certain unalienable rights, of which, when they enter into a State of Society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety,’ but the responsibility our present and future generations doesn’t change just because the truth is hard to face!

If the truth is what you seek, knock and it shall be given. But don’t complain, if your unwilling to answer the door because as we all know, the only pathway through the doorway is by invitation only!

Gee - and I thought the whole idea of the judiciary was to ignore the will of the voters and to rule objectively, based on the rule of law and the constitution.  Silly me ...

Yeah, the US supreme court needs some change, some accountability—they are on a right wing political crusade, and we don’t deserve their unqualified hack-attacks on the people’s democracy.

As if judicial decision making was an exercise in pure reason, whatever that is!  Judicial decision making, even when it hews close to the law in inevitably “political,” because it adopts a politically chosen norm of judgment.  Whether chosen by the legislature or the judge doesn’t much matter.  The “independence” of the judiciary is best defended as another “check” in a system of checks and balances.  But that system was designed to restrain democracy—strangle it might be a better term—not advance it.  So “independent” justices sometimes rule in favor of “progressive”, even democratic, ideals.  They can equally well overrule them.  That’s the prerogative of an “independent” judiciary.  But favor liberal causes or attack them, judicial decision making is always political, and the decision to select, elect, or retain a judge is necessarily political, too.  How ‘bout a big progressive Hooray for democracy instead of this sort of carping every time the election turns out wrong for our side?

Talking about “activist judges”—I would love to have the opportunity to vote OUT every Supreme Court Judge who made the recent midterms a merchandising orgy and elected lot of people simply on the basis of television ads. And the same for judges who impose the death penalty. 

We are likely to have this problem of “activist judges again and again in cases where political tensions are high over controversial issues.  For now, all we can do is stick to the Constitution and see that it is followed as closely as possible.  But as conroversial issues are likely to become more numerous—and more contentious—in the future, it looks like some tighter judicial rules may have to be passed into law.

If the Presidency can be bought, and all the Senators and Representatives can be bought, and the Court can be bought—all more or less behind the scenes, of course—the people are reduced to hopeless servitude.  Could happen.  Eternal vigilance (with the guaranteed legal right to protest grievances)) is the price of equality and justice. Ciitizens cowering at the feet of money is an abomination staring us directly in the face.