Bench not a free ride

The Declaration of Independence, adopted 234 years ago this week, spelled out the specific reasons for separation from our mother country, after which the Constitution 13 years later would offer solutions to prevent future government abuses.

Among the grievances cited in 1776 was a judicial system under the king’s control that gave “his Assent to their Acts of pretended Legislation,” which today we know only too well as legislating from the bench.

In the next few weeks, the Senate will decide if Elena Kagan deserves her seat on the Supreme Court. If confirmed, she will serve, not for life, but along with other judges who “shall hold their Offices during good Behaviour” (Article III, Section 1 of the Constitution).

Since federal judges can’t be voted out of office, perhaps it’s reasonable to consider what constitutes impeachable offenses for their removal: Promising to judge one way during confirmation hearings, then ruling contrarily ought to be considered.

Our senators need to remind Kagan and other potential activist judges that the Senate, between 1803 and 2009, has tried for impeachment 14 federal judges (10 of whom left office). What was lacking in ’76 is right there under Article I, Section 3.

Dale Roloff

Spokane