[Congressional Record Volume 141, Number 14 (Tuesday, January 24, 1995)]
[Extensions of Remarks]
[Page E167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  THE RECONFIRMATION OF FEDERAL JUDGES

                                 ______


                            HON. JACK FIELDS

                                of texas

                    in the house of representatives

                        Tuesday, January 24, 1995
  Mr. FIELDS of Texas. Mr. Speaker, today I am introducing a proposed 
amendment to the Constitution requiring that Federal judges be 
reconfirmed by the U.S. Senate every 10 years.
  Presently, Mr. Speaker, Federal judges serve life terms once they are 
appointed. The only constitutional mechanism for removal of these 
judges is impeachment. As we all know, impeachment is a long and 
arduous process. Historically it has been exercised on only 10 
occasions, resulting in actual removal from office of only 5 judges.
  In the absence of any other effective formal procedure for removal, 
Federal judges have been elevated to a stature unprecedented and 
unequaled by any other Federal official. Consequently, and to the 
citizenry's misfortune, there is no procedure for the removal of a 
judge who may be dysfunctional, dishonest or in any other way unfit to 
fulfill his or her constitutional responsibilities.
  According to article III of the Constitution, Supreme and lower court 
judges are appointed to office for a term of good behavior. I certainly 
recognize and compliment the wisdom of the Framers of the Constitution 
who, by separating judicial officials from the political process, 
preserved and defined the principle of separate, but equal, branches of 
Government.
  However, I continue to believe that this separation has resulted not 
in a more effective judicial system, but rather in a greater disparity 
between the various branches of Government. The life tenure of these 
judges has them less, not more, accountable for their actions and 
decisions.
  Moreover, the increasing use by these judges of their judicial power 
as a means of effecting social policy is troubling. Our judicial system 
was established to interpret the law, not to formulate national policy. 
However, within the past 15 years, many of our Federal judges have 
taken to ``backdoor legislating'' on such controversial issues as 
school prayer, busing, and abortion. In my own State of Texas such 
``backdoor legislating'' has occurred on such issues as prison 
overcrowding and the provision of educational services to illegal 
aliens.
  I sincerely believe that neither this legislative body nor the 
American citizenry can stand by and watch this transgression of 
constitutional authority. National policy decisions should not be 
promulgated by our courts, but rather should be duly deliberated and 
decided by the people's elected representatives in Congress.
  Mr. Speaker, I urge expeditious consideration of this legislation so 
that our Nation can once again be assured of three separate, but equal, 
branches of Government.




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