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Newt: Arrest judges; force them to explain themselves

Don't judges usually explain their reasoning when they make their rulings?

Not "usually" - always. That's why court decisions are dozens of pages long, rather than a single sentence*.

Newt wants a political interrogation when they don't rule the way he wants, which goes against the very concept of an independent judiciary.


* Sorry. Couldn't resist.
 
That would definitely make sense, but Newt is such a nutball, there is a chance that he is genuinely this crazy.
You aren't just now figuring that out, are you? I came to that conclusion some time back in the last century.

The executive has no authority to call the judiciary to account for anything. That authority rests only with congress, and then only for purposes of impeachment.

Newt is not the constitutional scholar he thinks he is. That is why I would love to see him run against Obama. The Prez would tear him a new one in debate.
 
This guy has some serious problems. I can't read his mind but I don't think he is just doing it for effect. I might have passed it off as cynicism but given his bizarre behavior in the past, particularly after he left the Senate, I think he's damaged. I've no expertise whatsoever but if I had to guess I would go for a garden variety sociopath with narcissistic personality disorder.

It is troubling that people like Newt are in the running. We have a lot of history.
 
I'm so glad I'm not in the position to sit silent while idiots and mental cases are paraded around like a bad version of a small town circus that consists of volunteers from the land of misfit toys.
 
Sadly for those of us who are in law school, they explain and explain AND EXPLAIN and explain and...
Great, another lawyer, now I have someone new to tell me to stop playing atty and that I don't know what I'm talking about. As thick as thieves I tell ya. ;) I really should stick to just playing Dctr.
 
Great, another lawyer, now I have someone new to tell me to stop playing atty and that I don't know what I'm talking about. As thick as thieves I tell ya. ;) I really should stick to just playing Dctr.

From my perspective, going to law school just reveals that no one knows what they're talking about. I am no exception!
 
This guy has some serious problems. I can't read his mind but I don't think he is just doing it for effect. I might have passed it off as cynicism but given his bizarre behavior in the past, particularly after he left the Senate, I think he's damaged. I've no expertise whatsoever but if I had to guess I would go for a garden variety sociopath with narcissistic personality disorder.

It is troubling that people like Newt are in the running. We have a lot of history.

You are just flat out wrong. It was the house not the senate. The rest I agree with.
 
So he wants Judges to appease mindless populism?

Does he understand why Judges even exist?
 
So he wants Judges to appease mindless populism?


Newt's new oath ...


"I do solemnly swear that I will support and defend the Constitution of the United States stay in touch with American culture against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”​


Congratulations conservatives. He's all yours.
 
There is a difference between asking a judge to testify so you can have the benefit of his wisdom and forcing him before Congress to justify a ruling you disagree with.

I understand. To be clear: If Mr. Gingrich is suggesting that Congress should have more power to compel testimony from judges than from other people, I disagree.

Whether or not the summons to testify before Congress is appropriate is really up to the voters to decide, during the next election cycle.

Ruling against the opinion of the executive and/or legislative branch is in fact not a crime.
Nobody said it was; and anyway that's not why people testify before Congress. People testify before Congress because Congress has the responsibility and the authority to inform itself regarding issues that it deems important.

Whether or not Congress deems the right things important is, again, up to the voters to decide during the next election cycle.

If a judge makes a ruling you disagree with, then you can take it to a higher court or wait until another opportunity to try the issue comes up with another judge. This is not new or secret.

If a judge makes a ruling *I* disagree with, sure. And when a judge makes a ruling *Congress* disagrees with?

I find the idea to be especially interesting, because Congress is responsible for making the laws that judges interpret. If the judge's interpretation is at odds with Congress's intent, then it seems to me that's worth looking into, if only to gain a better understanding of how to craft a law that better aligns legislative intent with judicial interpretation.

If a judge is suspected of unethical and/or illegal behavior, they can be impeached.

Mr. Gingrich's bloviating aside, not all disagreements between the legislative and the judiciary must stem from unethical or illegal behavior on the part of the judiciary. I don't see any reason why, in principle, the legislature shouldn't have intermediate options between "meek acceptance" and "impeach the bastard".

Now, as a separate issue, I may consider whether or not I want to have Mr. Gingrich, specifically, involved in any part of the Legislative/Executive/Judiciary process. Fortunately, I'm a voter, and there's an election cycle coming up, so I'll be able to register my opinion on that issue in just a few short months.
 
Newt's new oath ...


"I do solemnly swear that I will support and defend the Constitution of the United States stay in touch with American culture ​

You know that's not so far off. When he was doing his Contract with America, he specifically focussed on "60%" issues (issues supported by at least a 60% majority of Americans).
 
If a judge makes a ruling *I* disagree with, sure. And when a judge makes a ruling *Congress* disagrees with?

If Congress disagrees with well established First Amendment jurisprudence, there isn't a lot they can do. Subpoening a judge won't change the case law on this point.

They could introduce an amendment. . . it would effectively repeal (or at least re-write) portions of the First Amendment. Good luck with that!

They could also take the approach they've taken wrt abortion rights: put riders on budget resolutions that seeks to limit what the courts have said are constitutional rights by withholding federal funding from perfectly legal things. I guess the closest you can get to that wrt prayer in schools is spending federal money to private religious schools.
 
If Congress disagrees with well established First Amendment jurisprudence, there isn't a lot they can do. Subpoening a judge won't change the case law on this point.
I never said it would. Instead, I suggested that at the very least it could inform future legislation.

I mean, sure, let's stipulate that Mr. Gingrich is saying "I want to clap judges in irons and interrogate them in a big media circus for bizarre and only remotely political purposes!"

Well then: Mr. Gingrich is a ass. If you don't think he should have power and authority in our government, don't vote for him. I know I won't. But that's different from saying the power and authority shouldn't exist.

As a matter of basic principle, why shouldn't Congress have the option of requesting testimony from judges, if only to ask them, from time to time, "what exactly were you thinking when you interpreted the law we wrote in the way that you did?"
 
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