How to Impeach a Judge
or any Government Official
Your Constitutional Right
Of the three branches of government—the executive, the legislative, and the judicial--only Congress is empowered to write laws. We, the People, have the Constitutional authority to impeach any Judge [elected or appointed] who tries to legislate from the bench.
Removing a Judge from office is not a new, radical idea. Thirteen times in our nation’s history, federal Judges have been impeached and removed from office. The impeachment charges have ranged from bringing the court into disrepute, to abuse of power, to unlawful rulings.
All Judges swear an an oath to uphold the Constitution as the Supreme Law of the Land. It’s spelled out in the Constitution in Article Six. Yet, rather than upholding the Constitution, some Judges are using their gavel to legislate radical political views. That power is not granted to them by the Constitution. If any Judge tries to make the Constitution say something
other than what its framers intended, or tries to legislate law from the bench, it is permissible—legally--to impeach that Judge and remove him from office.
Article Three says that a federal Judge will serve during good behavior. It says that a Judge can be removed from office by impeachment by the House
of Representatives, followed by a trial in the Senate and a conviction of the charges.
Article Two, Section Four of the Constitution says, The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
According to the Constitution, We, the People, have the authority to impeach and remove any Judge who is guilty of legislating from the bench. That Judge has broken his oath of office and can be removed. These activist Judges have taken power unto themselves because we’ve refused to stop them!
In law, treason is the crime of disloyalty to one’s nation or state. Reneging on a sworn oath of public office falls under that definition. In addition, legislating from the bench falls under the more broad definition of other high crimes and misdemeanors.
To initiate impeachment proceedings, there exist three options, each of which rests with us--We, the People.
Option One: Impeachment proceedings of a federal official can be commenced by a member of the federal House of
Option Two: Impeachment proceedings can also be triggered by
a member of the State House of Representatives.
Option Three: Impeachment proceedings can be recommended by
any U.S. citizen. In other words, by you or me, or any other American citizen.
The First Amendment says that We, the People, are allowed to petition the government for a redress of our grievances. We are allowed to file a petition, listing our grievances concerning a Judge [elected or appointed] or any elected official. We can then submit the petition to a member of our state or federal House of Representatives to consider impeachment.
Under the Constitution, we are guaranteed that our petition will be considered. If the petition has merit, the House will file a formal Resolution
to Impeach. That Resolution is then debated on the floor of the House. After the Resolution is debated, the House members who are present take a vote on whether or not to impeach that Judge or official. For the Resolution to pass requires a simple majority of those present and voting.
Should the Resolution pass, the House notifies the Senate. The Senate is responsible for holding the impeachment trial. Typically, the House decides whether or not to impeach the official, and the Senate conducts the trial. If the Judge is found guilty of the charges, that Judge would be removed from office immediately. And that sentence is not subject to judicial review or Presidential veto.
We, the People, don’t have to take it from these activist Judges anymore. And we never did. The Constitution of the United States places the ultimate power of government with us--We, the People.
This legal, Constitutional procedure of impeachment of federal officials who disregard their oath of office also applies to state and local representatives.
In America today, there’s nothing so dysfunctional taking place that We, the People, can’t get it straightened out. All it would take is a few petitions, and four to eight years--two national and state elections--and, We, the People, could place the nation on solid moral and common sense ground again.
Criminals can be put behind bars. Our public airwaves can be cleaned up. Public school students can learn to read and write. Term limits can be imposed on Congressmen. And activist Judges can be removed from office. It all starts with us—We, the People—by voting, impeaching, and filing a few petitions.