Activist Judges

[Carl A. Koch]

I have been reading with some interest about the federal judges that are systematically thwarting the will of the people. In Arizona, a federal judge issues an injunction stopping the implementation of the new immigration laws. In Oklahoma a judge stops the state from placing restrictions on public largess for illegals. There are countless other such instances where federal and state judges have blocked the people's will. Everyone bemoans the problem, but no one seems to want to state the obvious.

Federal judges are not appointed for life. They are appointed for a period during which they exhibit judiciary restraint and "good behavior". It is no surprise to me that judges have gone overboard in legislating from the bench. We the people have done nothing to stop or discourage them from such behavior. Do not look to the legislature to do it for you. They have a vested interest in the status quo. Instead, do that which gets their attention. Kick misbehaving judges out of their cushy jobs.

All judges, elected or appointed, are subject to the will of the people. Elected judges may be removed via a recall petition. Appointed judges may be removed via impeachment processes. In both cases, it begins with a petition.

For elected judges, circulate a petition for recall. The number of signatures required will vary by state. In most cases, the completed petitions must be sent to the Secretary of State for validation. If validated, the Secretary of State must put the recall proposition on the next ballot or call a special election to address the issue.

In the case of appointed judges, it is a little more complicated. The Bill of Impeachment must be presented by a member of the House of Representatives. The impeachment petition should be sent to a member of congress for formal presentation to the Speaker of the House. It generally goes to the House Judiciary Committee for consideration. If all is in order, the House will vote on the Bill of Impeachment. Once impeachment is a fact, the Senate votes for or against conviction. Since this process is in the hands of politicians, it is obvious that the more signatures one has the better the chance of impeachment and conviction.

Does this have any effect on the judges who remain? You betcha. Iowa removed three judges by the will of the people. The pundits lamented on how this would have a chilling effect on judges and how they do their job. DUH! That is exactly the effect we want. It serves notice on all judges that we are watching them and WILL take them to task for decisions against the public will. They work for us. It is far past time for us to rein them in.