Rush today has been all over defending Delay's statements towards the judiciary. He has stated at least twice that the oversight of the judiciary resides within the rights of the US Senate "as stated in Article III".
So, unlike his ditto listeners, I did something none of them will, I read it.
Here is the
link to the US Constitution (I suggest we all become very familiar with it!).
Here is the text of Article III, bear with me, it's short.
Article. III.
Section. 1.
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.
Section. 2.
Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; (See Note 10)--between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Clause 3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Clause 2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Well, I'm certainly no legal scholar, but my guess is that the important part here is
"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."
So it is saying the US Senate may ordain and establish.
It doesn't say it can order hits on judges.
It doesn't say it can even hold accountable judges whose decisions they do not agree with.
It doesn't say activist judges will be ridden out of town in the trunk of a sedan to be replaced with, what, non-activist judges, even if aforementioned judges were appointed by Republicans.
My take is it can establish lower COURT SYSTEMS, as necessary, to interpret and settle civil and criminal cases in order to maintain an orderly society. That's it folks. I maintain it allows for administrative oversight for the system, not individual judges or judgements.
What's your take?