Reconfirmation of Federal Judges: Hearing Before the Subcommittee on Constitutional Amendments Of..., 92-2, May 19, 19721973 - 347 pages |
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... Andes , " Judicial Tenure in the American Constitution : English and American Precedents " 1969 Supreme Court Review , p . 135__ 888 81 200 312 325 217 262 82 166 224 241 252 GENERAL BOOKBINDING CO . 77 53 BB 406 ST 005 IV.
... Andes , " Judicial Tenure in the American Constitution : English and American Precedents " 1969 Supreme Court Review , p . 135__ 888 81 200 312 325 217 262 82 166 224 241 252 GENERAL BOOKBINDING CO . 77 53 BB 406 ST 005 IV.
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... English and American Precedents " by Martha Andes Ziskind , 1969 Sup . Ct . Rev. 135 . ( 2 ) " The Constitution and the Tenure of Federal Judges : Some Notes from History " by Philip B. Kurland , 36 U. Chi . L. Rev. 665 ( 1969 ) . ( AP ...
... English and American Precedents " by Martha Andes Ziskind , 1969 Sup . Ct . Rev. 135 . ( 2 ) " The Constitution and the Tenure of Federal Judges : Some Notes from History " by Philip B. Kurland , 36 U. Chi . L. Rev. 665 ( 1969 ) . ( AP ...
Page 16
... English history until the 18th Century , judges were instruments of the royal authority . They held their commissions of office from the Crown and in many instances exercised it with the wishes of the Crown in mind . They served " at ...
... English history until the 18th Century , judges were instruments of the royal authority . They held their commissions of office from the Crown and in many instances exercised it with the wishes of the Crown in mind . They served " at ...
Page 26
... English - speaking people ' all of these different general and indefinable words or phrases are the fruit of the same , what I consider to be poisonous , tree , namely the doctrine that this court has power to make its own ideas of ...
... English - speaking people ' all of these different general and indefinable words or phrases are the fruit of the same , what I consider to be poisonous , tree , namely the doctrine that this court has power to make its own ideas of ...
Page 33
... English experience- was the basis for life tenure in the United States . By granting this life tenure , we not only made them independent of the appointing authority but also inde- pendent of the People for whose service they are ...
... English experience- was the basis for life tenure in the United States . By granting this life tenure , we not only made them independent of the appointing authority but also inde- pendent of the People for whose service they are ...
Common terms and phrases
American appointed argument authority behavior bench bill BIRCH BAYH branch bribery Chief Justice civil officers clause commission Committee common law Cong Congress constitutional amendment conviction court judges crimes and misdemeanors criminal decision disabled judge district judges duties English executive federal courts federal judges federal judiciary Federalist framers governor Hamilton hearing high crimes hold House of Representatives Ibid impeachment proceedings issue Judge Chandler judge's Judicial Council judicial independence judicial office judicial removal judicial tenure jurisdiction Kurland lawyers legislative legislature limited means ment method of removal misbehavior misconduct Missouri Plan offenses opinion Otis political power to remove President procedure proposed question quo warranto reason reconfirmation removal of judges remove judges removed from office Samuel Chase scire facias Senator BAYH Senator BYRD separation of powers Sess Shartel statute supra note Supreme Court term tion trial U.S. CONST U.S. Senate United Virginia vote
Popular passages
Page 258 - It is essential to the preservation of the rights of every individual, his life, liberty, property, and character that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and independent as the lot of humanity will admit.
Page 40 - Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law.
Page 43 - But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.
Page 39 - But a constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez jaire. It is made for people of fundamentally differing views...
Page 66 - The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like.
Page 90 - In order to lay a due foundation for that separate and distinct exercise of the different powers of Government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own ; and consequently should be so constituted, that the members of each should have as little agency as possible in the appointment of the members of the others.
Page 23 - ... dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its coordinate branches; and that, as nothing can contribute so much to its firmness and independence as permanency in office, this quality may therefore be justly regarded as an indispensable ingredient in its constitution, and, in a great measure, as the citadel of the public...
Page 180 - For it is quite evident that one who holds his office only during the pleasure of another, cannot be depended upon to maintain an attitude of independence against the latter's will.
Page 88 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them : the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them : to the end it may be a government of laws and not of men.
Page 123 - Judges' Commissions be made Quamdiu se bene gesserint, and their salaries ascertained and established ; but upon the Address of both Houses of Parliament it may be lawful to remove them.