Return to Common Sense

October 15, 2018

Section: Domestic – Judiciary

Judges are responsible for interpreting the Constitution, not legislating from the bench

We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” Abraham Lincoln.


Philosophy (Background, Issues, Objectives):

Constitution, Article III, describes judicial Power.

Constitution, 5th Amendment, introduces use for a Grand Jury.

Judges are sworn to support the Constitution, but may have differing approaches how to support it.

o   In Europe, high court judges have terms of 6 to 12 years, and mandatory retirement ages.

o   In the U.S., 47 of the 50 states have terms of 6 to 14 years for the highest judges, with some states have mandatory retirement ages (only Rhode Island is lifetime appointment for supreme court judges).

Judges must be nominated with “advice and counsel” from the Senate.

Courts are not meeting expectations.

Special Prosecutors investigate government officials for misconduct while in office.

Grand Jury Arbitration is a legal technique for the resolution of disputes outside the courts, where a third party reviews the case and imposes a decision that is legally binding for both sides.



Original Founder intent was courts to be objective check and balance to the other two branches.



Short Term, Return judiciary funding to levels prior to recent unwarranted expansion.

Nominate and confirm only those justices who have a proven record of fidelity to the Constitution.

Ensure Judicial branch remains true to its original intent and not judicial “interpretation.”

o   Eliminate the Ninth U.S. Circuit Court of Appeals due to long history of activist rulings.

Eliminate the overuse of Special Prosecutors.

Encourage arbitration in consumer and employment matters to free up over-burdened courts.

Long Term, Enact Constitutional Amendment to impose term limits for Supreme Court Justices (12 years max).



The Liberty Amendments” by Mark R. Levin published by Threshold Editions, 2013.

Democrat Memogate: The Beginning of Political Scandal” dated February 9, 2004 published by Center for Individual Freedom at http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/democrat_memogate.htm .

Judicial Activism Undermines the Integrity of the Constitution (Part I)” by Nancy Salvato dated March 12, 2004 published on American Daily at http://www.americandaily.com/article/742 .

Judicial Activism Undermines the Integrity of the Constitution (Part II)” by Nancy Salvato dated March 14, 2004 published on American Daily at http://americandaily.com/article/741 .

Clarifying ‘Extremism’” by Stephen Markman dated September 19, 2005 published on National Review Online at http://www.nationalreview.com/comment/markman200509190840.asp .

Lowering the Bar” by M. Edward Whelan III dated June 12, 2006 published by Ethics and Public Policy Center at http://www.eppc.org/printVersion/print_pub.asp?pubID=2644 .

The ABA’s Agenda” dated July 31, 2006 published in the Wall Street Journal Editorial Page on http://www.opinionjournal.com/editorial/feature.html?id=110008728  .

Ten Years and Out” by John Andrews dated August 10, 2006 published in the Wall Street Journal Editorial Page on http://www.opinionjournal.com/cc/?id=110008774 .

It’s Time for the Supreme Court to Say ‘No’” by Jay Sekulow dated January 2, 2007 published on Town Hall at http://www.townhall.com/columnists/JaySekulow/2007/01/02/it%e2%80%99s_time_for_the_supreme_court_to_say_%e2%80%9cno%e2%80%9d .

Not Credible ‘Whatsoever’” by Edward Whelan dated January 10, 2007 published on National Review Online at http://article.nationalreview.com/?q=MTk5OTZkZTY2N2JkZmQ5NDgyNjAwZjAxZDE0ZjY3Yzc= .

The Pot Calling the Kettle ‘Interim’” by Andrew C. McCarthy dated January 17, 2007 published on National Review Online at http://article.nationalreview.com/print/?q=MDZmMzQ5Zjg4ZGI1OTgxODA1OWM5YzFjYTRmYTlhNzk= .

The lies he told” dated March 7, 2007 published on Rocky Mountains News at http://www.rockymountainnews.com/drmn/editorials/article/0,2777,DRMN_23964_5399259,00.html .

The Next Supreme Court Vacancy” by Edward Whelan dated June 21, 2007 published by National Review Online at http://article.nationalreview.com/?q=ZmMwMzIzZWNiZmJkYzZmOWU1NWE4ZTJlZWQxZDY5MTg= .

Does the Court Mean Business?” by Michael S. Greve dated September 19, 2007 published by American Enterprise Institute at http://www.aei.org/publications/pubID.26834,filter.all/pub_detail.asp .

The Right Judicial Litmus Test” by Steven G. Calabresi dated October 7, 2007 published by Wall Street Journal Opinion Journal at http://www.opinionjournal.com/editorial/feature.html?id=110010702 .

Mr. Constitution” by David Rivkin and Lee A. Casey dated March 22, 2008 published by The Wall Street Journal at http://online.wsj.com/public/article_print/SB120614142302256093.html .

Read Before Burning” by Lisa A. Rickard dated March 11, 2009 published by Town Hall at http://townhall.com/columnists/LisaARickard/2009/03/11/read_before_burning .

Grand jury recommends: indict Barry Soetoro, a.k.a. Barack Obama” by Mark S. McGrew dated April 15, 2009 published by Renew America at http://www.renewamerica.us/columns/mcgrew/090415 .

Keeping a Republic: Overcoming the Corrupted Judiciary” by Robert H. Bork dated February 24, 2010 published by The Heritage Foundation at http://www.heritage.org/Research/LegalIssues/hl1147.cfm .

Let’s Get Original” by Robert VerBruggen dated February 2010 published by The American Spectator at http://spectator.org/archives/2010/02/26/lets-get-original .

Civil Justice Reform” dated August 17, 2010 published by The Heritage Foundation at http://www.heritage.org/Research/Reports/2010/08/Civil-Justice-Reform .

The Role of the Courts” dated August 17, 2010 published by The Heritage Foundation at http://www.heritage.org/Research/Reports/2010/08/The-Role-of-the-Courts .

Sen. Paul Proposes Serious Cuts” by Chris Edwards dated January 31, 2011 published by Cato Institute at http://www.downsizinggovernment.org/sen-rand-paul-proposes-serious-cuts .

President Gingrich Would Curtail Judicial Power” by Kevin Mooney dated July 13, 2011 published by The American Spectator at http://spectator.org/archives/2011/07/13/president-gingrich-would-curta .

Term Limits for Judges” by Richard A Epstein dated April 17, 2012 published by Hoover Institution at http://www.hoover.org/publications/defining-ideas/article/114801 .

106 Budget Cuts Congress Could Make Right Now” by Romina Boccia dated February 5, 2015 published by The Heritage Foundation at http://dailysignal.com/2015/02/05/106-budget-cuts-congress-make-right-now/?ac=1 .

Ending the judicial Wheel of Fortune: The need for 18-year Supreme Court terms” by Mark Weston dated October 12, 2018 published by The Hill at https://thehill.com/opinion/judiciary/410898-ending-the-judicial-wheel-of-fortune-the-need-for-18-year-supreme-court .