The only Supreme Court justice impeached to date was Associate Justice Samuel Chase, who was acquitted by the House of Representatives on March 1, 1805.
Andrew Johnson, the first of three presidents impeached, was acquitted in the Senate by one vote on May 26, 1862. President Clinton was impeached by the House but not convicted by the Senate.
Another president, Richard Nixon, was impeached but resigned August 9, 1974, to avoid probable conviction.
Our very democracy may depend on convincing the House of Representatives to follow the U.S. Constitution and impeach five justices — Rehnquist, O’Connor, Thomas, Scalia and Kennedy — to answer for their high crimes and misdemeanors in ruling that George W. Bush had won the election.
My research shows that nobody was impeached in the first 23 years after our Constitution was adopted. The charges for the first impeachment were dismissed by the Senate. Only 14 federal officers were impeached in the next 190 years. Add President Clinton and one U.S. District Judge since then for a grand total of 16.
Six of the impeached were found guilty. One resigned and the proceedings were dismissed.
Evidence shows that the five Supreme Court justices approved terminating the Florida vote count before all the legal votes had been counted. Their lame explanation is that it may be unfair, but the “law” required it and made it “necessary.” That does not compute! People who buy that explanation are either profoundly corrupt, easily misled or both.
Leading newspapers are commendably sponsoring a further investigation of the many black voters in Florida who were intentionally blocked from voting at the polls.
Suppose a political party hired a private army to imprison 10,000 Gore voters, or 100,000 or 10 — whatever number would mean victory for Bush. Would a sufficient answer by Bush be: “You’re just too late. You’re past the legal deadline. The Supreme Court has the last word.”?
No. Not to the United States I know. Not for long, anyway. Impeachment allows both sides to offer evidence and argue the law. If the House is convinced that impeachment is justified, then the senators in attendance must vote that the charges are either dismissed or proved. This is the way the nation has its day in court to clear the air for justice and fight against tyranny.
The more I study the U.S. Constitution, the more I honor the intelligence and devotion of its authors and supporters over the many years. Sens. McCain and Feingold are rightly saluted for their battle to return policy-making to the Congress. Of course, as we all realize, such struggles are never finished.
Most of the men (no women so far) impeached have been U.S. District Court judges who, like the U.S. Circuit Court judges and Supreme Court justices, are appointed for life. Because there are so few impeachments, the ones filed get a lot of attention and keep the federal judges aware that they must continue their “good behavior” as specified in Article III, Section 1, of the Constitution if they want to continue in their justifiably honored positions.
Soon you may hear about a “Committee to Restore Gore.” Tell your members of Congress.
Charles O. Porter was a member of Congress from 1957-1960 and a consultant to the Kennedy administration in 1961. He has been practicing law for 32 years and currently works in Eugene.