Federal Judges for a Day, Week or Year
Now that I have read the Department of Justice's decision I have a new proposal that will shake up our institutions, for the better I am sure, forever.
There are always major cases before the Supreme Court. And the provision that takes place on recess appointments must apply to justices of the Supreme Court just as it does to the members of the National Labor Relations Board. Fear not therefore. One way to improve decision making is for the President to announce his new appointment for the Supreme Court during a lunch break when it is not in session. He can do this three of four times, and secure whatever majorities he thinks appropriate so long as he is willing to pay a political price. And if that proves too high, then all those stalled nominees for Circuit and District Court positions can be placed on the bench as well.
This would of course come at a small price. Judges are supposed to serve during good behavior, which effectively means for life. This shorter appointment upsets the patterns of judicial independence with a group of short-terms who will be welcomed to the courts with the enthusiasm of a skunk at a garden party.
The lesson here is clear, I fear. The entire Constitution is both short and suggestive. But it does not cover all cases, so that much depends on a customary constitution that works well because no one political actor pushes hard at the limits. Yet it is just that course of action that appeals to the President. The rather shaky opinion from the Department of Justice does not provide suitable justification, or even respectable cover, for so momentous a shift in constitutional practice.
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Comments :
Jul '11
Re: Federal Judges for a Day, Week or Year
Perhaps there's someway to take down members of the current DOJ. I wonder what they've done that would warrant dismissal, impeachment, or jail time even. It may be tough to get them but we should try and find something. The task would be much easier if they broke numerous arm trafficking laws, shipped non traced weapons to Mexican criminals, and got a large number of people killed including American citizens. What if this funny little problem they have was all done to provide an end run around a direct attack on a constitutional amendment. What if a cover up of massive proportion led straight to the president and all it would take is to see the emails and the DOJ would fall like Dominoes? What if no one in the media cared until someone was impeached? Could that someone be the president or just that horrible gnome Holder?
May '10
Re: Federal Judges for a Day, Week or Year
Ok, let's get specific. What should Minority Leader McConnell do?
Jul '11
Re: Federal Judges for a Day, Week or Year
Does anything this DOJ undertakes surprise anybody anymore? Holder has flaunted every law possible whenever he sees a chance to pursue an ideological issue. His reasoning is less credible than a Fuller brush salesman who performed home invasions on the basis of a left foot remaining after a door slammed.
Apr '11
Re: Federal Judges for a Day, Week or Year
Troubling indeed, Mr. Epstein. I get the temptation to act unilaterally and push for expanding ones power, but we should hope that our leaders are wise enough to show restraint. Truly, wisdom and humility are the greatest attributes a leader can have. I fear our current president is lacking in both.
Dec '11
Re: Federal Judges for a Day, Week or Year
Wouldnt the judges appointment end when they break for dinner?