General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWould one of you more intelligent than I am...
please explain to me why a:
1. Supreme Court Justice that can affect the lives of hundreds of millions of people (R v W) be confirmed by a simple majority of 100 people and will serve for the rest of their lives, with no consequences for violating the ethics that could put most people in jeopardy of losing their jobs, or freedom.
2. But to convict a incompetent president who killed about 300,000 people by lying about the effects of a deadly virus, tried to destroy our democracy which has stood for over 200 years, and tried to place "his royal assholeness" as the supreme ruler of this country, has to be convicted by ALL (not 50%) of the jurors that are chosen to convict said "asshole?"
WHAT THE FUCK IS WRONG WITH THIS PICTURE?
And what do we do about it????????
Phoenix61
(17,023 posts)Enter stage left
(3,400 posts)not impeachment.
Ocelot II
(115,926 posts)1. Confirmation of Supreme Court justices is by "the advice and consent" of the Senate, per Article II, sec. 2. The Senate rules used to allow unlimited debate (filibustering), and to end the debate, it required the votes of 3/5 of the Senate or 60 senators (the cloture vote). In April 2017, however, the Senate changed this rule and lowered the required votes to 51 to end debate on Supreme Court nominations.
2. Conviction in any criminal case in either a federal or a state court must be by a jury's unanimous verdict per the Sixth Amendment and Ramos v. Louisiana. If you're referring to conviction following impeachment rather than a criminal conviction, 2/3 of the Senate is also in the Constitution.
speak easy
(9,343 posts)iemanja
(53,093 posts)There needs to be an indictment first.
Enter stage left
(3,400 posts)Ocelot II
(115,926 posts)iemanja
(53,093 posts)Enter stage left
(3,400 posts)many times, because of procedural misconduct or many other reasons.
Why can't we appeal supreme court justices for the same reason. (cough, cough...beer-bong guy for LYING to congress)?
iemanja
(53,093 posts)and voters choose SCOTUS members through presidential elections. That's why anyone who didn't vote for Hillary in 2016 deserves a cold place in hell.
Enter stage left
(3,400 posts)brooklynite
(94,852 posts)Democrats will not be Impeaching Supreme Court members.
Ocelot II
(115,926 posts)Appellate courts give juries a great deal of deference, and they almost never overturn a jury's findings of fact. A successful appeal almost always results in a return to the trial court for retrial on some issue because of an error on the part of the trial judge - for example, incorrect jury instructions - because the appellate court's job is to review issues of law, decided by the trial judge, and not a jury's findings of fact. It is very unusual for an appellate court to decide the jury was wrong.
The only way to get rid of a Supreme Court justice is by impeachment, using the same process as for a president. Only one Supreme Court justice has ever been impeached by the House - that was Samuel Chase in 1805, and he was acquitted by the Senate.
Effete Snob
(8,387 posts)no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
This aspect of US law is a point of curiosity by English lawyers who are astonished to learn that expertise in English common law circa 1789 is a thing in US appellate law.
Effete Snob
(8,387 posts)
is that guilt must be proven beyond a reasonable doubt. To measure the existence of reasonable doubt we choose random people to hear the evidence and decide. The idea is that if they cannot be unanimously convinced, then there is likely a reasonable doubt.
There is no threshold of qualification to be a Supreme Court justice beyond a very vague provision that it be done with the consent of the Senate.
These two things have nothing to do with each other. They are not in any way analogous to each other.
Sympthsical
(9,155 posts)Just how these things work out.
NCLefty
(3,678 posts)TigressDem
(5,125 posts)Campaign finance reform.
Cut off the Oligarchs power to put idiots in the White House who will do their bidding.
You want the job, earn it, don't buy it.