-=> Quoting Robert Plett to Roland Balke <=-
 RB>As to the Olympian nature of the Supremes... last I looked, save for
 RB>O'connor and Bader-Ginsburg, they all put their pants on one leg at a
 RB>time.
 RP> Their nature isn't in any way Olympian to me, but to lawyers ... well,
 RP> that seems to be another story.
 
 RB>They are (ostensibly) humans, capable of error as much as the rest of
 RB>us.  The day that they DO forget this.... well, I'll read a requiem
 RB>for our poor country...
 RP> Start reading - they forgot that long ago, as is so well illustrated
 RP> by the following premises on which the Court operates as noted in Gov.
 RP> Fob James' letter to Judge Ira Dement, exerpted from a speech given by
 RP> Justice William Brennan, Nov. 21, 1982:
 Isn't Justice Brennan one of the more liberal members of the court?
 RP> 1. the judiciary is "the essentially disinterested, rational
 RP> and deliberate element of our society"
 RP> 2. society's "older values" may not be "fully adequate" and may
 RP> contain a "degree of deception"
 RP> 3. "obviously we Americans must accept that...'upon judges, and
 RP> particularly Justices of the Supreme Court, rests a great share
 RP> of the delicate responsibility of deciding what must be preserved
 RP> and what must be changed, what we shall protect and what we shall
 RP> abandon' "
 RP> 4. to "re-define" constitutional rights in "every generation" is
 RP> the "business of judges", and the "legal profession" should
 RP> "improve the understanding" of "some laymen" who "tend to
 RP> assume" that "constitutional law... is fixed and certain"
 RP> Compare the above with the following words of Thomas Jefferson:
 RP> "The opinion which gives to the judges the right to decide what
 RP> laws are constitutional and what not, not only for themselves in
 RP> their own sphere of action but for the legislature and executive
 RP> also in their spheres, would make the judiciary a despotic branch. 
 RP> To consider the judges as the ultimate arbiters of all
 RP> constitutional questions is a very dangerous doctrine indeed, and
 RP> one which would place us under the despotism of an oligarchy.... 
 RP> The Constitution has erected no such single tribunal."
 Sounds like it may be time to impeach a few justices.
 david.hartung@mcione.com
 Ilks of Metropolitan Walls/LENS
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