Accusing any widely accepted theory of having been motivated to fool people is not a position we choose. However, Lincoln’s quote does make us believe that anything deviating from truth must have its day in which its erroneous nature is unveiled. Therefore, we do choose a position to encourage closer scrutiny on many of them.



Any Justice in Supreme Court Can Be Removed

―100% Guaranteed by the US Constitution!

The Judges in the Supreme Court are called Judges by the Constitution, but they call themselves the Justice.

For 230 years, American people have been made believing that the Justice can be on the bench forever, unless one quits on his/her own choice, because, they are told, the Constitution so guarantees the judge's employment with this statement “The Judges,… shall hold their Offices during good Behaviour…” [Section 1, Article III]

The key of this statement is “good Behaviour”, but by whom is the behavior considered good or bad? By the Republican Party, or by the Democratic Party?  By the Christianity followers, or by the evolution believers who have uncompromised hostility against the concept of Creator? It can be for sure that any judge would not be viewed as having conduct of good behavior if he officially supported atheism in the late 18th century after the establishment of the Constitution.  It could be even viewed as committing a criminal act if any one of them would attend a homosexual marriage ceremony to give support in those days.  

So, the Constitution obviously embeds in itself the guidelines that conduct violation can constitute a reason with enough legitimacy to have a judge removed, and that anyone can formulate an opinion defining good behavior or bad behavior on a judge.   Of course, not anyone who considers the judge carrying bad behavior can remove a judge.   But, then who, and how?

Logic and practice in all human history must make this truth indisputable: He who has the power to employ has the power to revoke the employment, and he who is employed can be dismissed by his employer. Therefore, according to the following rule set in the Constitution, any Justice can be discharged by those who install him to the office:    

The president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint …Judges of the supreme Court”. [Section 2, Article II]

Subsquently, whenever the president encounters enough information, whether acknowledged directly by himself or by the contribution from the others, to formulate an opinion that a particular Justice  shows behavior not up to the satisfaction of the president, he can nominate such a person as a candidate to be unseated from the bench.  Then, “by and with the Advice and Consent of the Senate,” he shall dismiss this person from the office of the Supreme Court.  Fair and square!

The Constitution has statements covering how to terminate one’s office power from the office of Congress and the presidency. It is inconceivable that, with the wisdom that the Founding Fathers showed, they would leave the third branch of the Federal government alone, allowing the Court to become a niche where an officer’s responsibility can be exempted from other’s review and so that he can abuse power. 

If the president is alleged committing the crime of treason, he is sent for impeachment, and if the impeachment is validated, he is removed from the office.  What if a Justice is so alleged? He cannot be isolated from his office to wait for fact finding?  It is absurd.  If he is finally found guilty of treason, he cannot be removed from the bench with such obvious bad behavior because proper way of having him removed is not found in the Constitution? It is even more absurd.

The constitutional keys left to the American people by the Founding Fathers to have any Judge uninstalled from the Supreme Court are (1) good Behaviour, and (2) the procedure how a judge is hired for such an office.  Both keys come together certainly assert that the Judges in the Supreme Court are personnel of comparatively lower rank in the power cascade of the Federal government.  To strip any of them from employment can follow a procedure that is far less complicated than something like impeachment. In fact, in the list of employment priority, the judges of the Supreme Court are placed in about the same rank as “Ambassadors, other public Ministers and Consuls…” in the text of the Constitution.  The only difference between the Judges and the rest is that they are given an armor of behavior.  But if the armor is soiled with undesirable characters in other's scrutiny, it can  become a reason leading the Judge to be yanked from his office.   

Whenever any Form of Government (such as in the form of Supreme Court) becomes destructive of these Ends, it is the Right of the People to alter or to abolish it....[Declaration of Independence].