6 Responses to “Contact Lamar Smith, chair of House Committee on the Judiciary, demand, that he acts asap on Obama’s Social Security fraud and Lamberth case”

1. Patty
   September 9th, 2011 @ 2:46 pm

   How can Congressman Smith act on the case before Judge Lamberth? Would’t this violate the separation of powers?

2. dr_taitz@yahoo.com
   September 9th, 2011 @ 2:56 pm

   House Judiciary committee can review actions of Federal judges, they can even recommend impeachment of Federal Judges. Keep in mind, Federal judges are appointed for life. The only way to remove them, is through impeachment

3. Jim Black
   September 9th, 2011 @ 3:45 pm

   Patty,

   Judge Lamberth has clearly showed that he isn’t interested in the truth. Smith and other members of Congress need to know of his “misbehavior.” It will be interesting to see how Lamberth responds to Orly’s motion to reconsider.

4. RacerJim
   September 11th, 2011 @ 5:10 am

   @Patty,

   The answer to your question lies in Article II, Section 4 of the U.S. Constitution. Note that most Constitutional scholars have opinied that “…or other high Crimes and Misdemeanors.” effectively means whatever Congress wants it to mean at any given time.

5. Atticus Finch
   September 12th, 2011 @ 8:03 am

   @RacerJim

   The United States Constitution provides in relevant part:

   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 behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

   Courts have held that judges “shall hold thier offices during good behavior” has a common law meaning. “The provision of Art. III, § 1, that federal judges “shall hold their Offices during good Behavior”, which had a recognized common law meaning and which was accompanied at common law by a procedure for its effectuation, serves as a limitation on the tenure of federal judges. United States v. Isaacs, 493 F. 2d 1124, 1142 (7th. Cir 1974)

   As such, contrary to your assertion the answer to impeaching federal judges doesn’t lie in Article II, Section 4 of the Constitution but rather in Article III, Section 1 of the Constitution.

   Moreover, Congress doesn’t have the power to define what “good behavior” means.

   If Congress did have this power then Chief Justice Earl Warren would have been impeached as a result of Brown v. Board of Education.

6. RacerJim
   September 12th, 2011 @ 9:43 am

   @Atticus Finch

   Sure.

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