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What if the removed justices sued and the judiciary hearing the case ruled that, in fact, Constitutional provisions be damned, the legislative branch may not re
by agarden 11y ago
What if the removed justices sued and the judiciary hearing the case ruled that, in fact, Constitutional provisions be damned, the legislative branch may not remove justices.
Were that to happen, how could you argue that they are wrong?
- eropple 11y agoYou effectively can't, because "but the Constitution" is not a method of legal operation in the United States. At that point, you indeed do have a legitimate breakdown in governance. I expect such a situation would cause the kind of crisis that destroys a government. (I'm not saying I am describing something that is good. I prefer to live in the world of the descriptive when it comes to legal matters, rather than the prescriptive. There are things I want very much to see changed--but I recognize that the process that exists isn't going away.)
- agarden 11y agoSo who got to decide that it works this way? The Constitution doesn't say it works this way, and that was the document that was voted on by the representatives of the people. So whoever it was that decided it actually works a totally different way, why should I care what they think?