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[–] acheron2012 ago  (edited ago)

Article III Section 1 (emphasis added) The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

"Good Behavior" is not a legally defined term. But then Congress isn't really constrained by the law overly much as they can make up the law as they go. Defining her judicial activism (to put it kindly, treasonous behavior is more accurate) as "Bad Behavior" is obvious from the public record.

The problem comes in with the fact she would certainly refuse to leave. Thus setting up a "Constitutional Crisis". HOWEVER, the "Constitutional Crisis" card is the "nuclear option" the forces of evil always roll out when they want to do something demonstrably UN-Constitutional.

In point of fact this is a false dichotomy. There is no possibility at all for a "Crisis". Our government is a system of "Checks And Balances" . NOT FUCKING ROCK PAPER SCISSORS!

Absolute and final authority rests with a "Convention of the States" which Congress is COMPELLED to convene if demanded by the states. Whether or not they have refused to honor that commitment is open to some debate, but I generally think such a demand has not actually been made - over the course of generations, yes, but that doesn't stand to reason for the Immediacy implied in a need to Rewrite the Constitution. THIS in reality is the true "Nuclear Option".

Baring throw it all away and start over of a Convention of the States, the final authority is clearly and unambiguously vested in Congress. This makes perfect sense. If you can get 60 people to agree with something it at the minimum represents the will of the republic - contrast with the one man president or the unelected courts.

In the final analysis we are in such a horrific mess not because there is a fundamental flaw in the republic but because of 1) Screwing around with the original, and obvious to anyone that is not a lawyer, meaning 2) The Congress refusing to DO THEIR JOB! They are concerned with getting reelected, and accumulating wealth and power. Few Congress Critters have any real commitment to the United States or anything for which it stands. Which conveniently gets us back to the problem of allowing ignorant people to vote. Extending the franchise is the irreducible sickness undermining America.