Wednesday, May 08, 2013

AG Kane: Judges Must Abide By Mandatory Retirement Provision in Pa. Constitution

Several judges think they are above the law. Though Pennsylvania's Constitution clearly provides that judges must step down at age 70, they think they can ignore it. And since the Supreme Court justices deciding this matter would like to stay on the bench, they smell a winner.

Attorney General Kathleen Kane's Brief makes clear that if judges do win, it will be a naked exercise of power, not law, that wins the day.

Judges have essentially argued that the Constitution is in violation of the Constitution, and that's just ridiculous.

From her brief,
There is no “super-constitution” that is immune from change by the people. Such an idea not only offends the most basic principle of American self government – that sovereignty resides in the people – but is inconsistent with Article I itself, which confirms the people’s “inalienable” and “indefeasible” right to “alter” or “reform” the government – “their” government, as Article I calls it – as they see fit. The Court has repeatedly rejected the “absurd” argument that the Constitution can violate itself, and it should do so again.

You can read her brief in its entirety below:

13 comments:

Anonymous said...

ABOVE THE LAW TO KEEP LOCAL DISORDER
This is a management teqnique to disband any type of commerodery between underlings¿
redd

Anonymous said...

She's such a sleaze. It's difficult to take a single word from her seriously.

Anonymous said...

What a waste of talent. By not allowing the judges to serve past age seventy is like saying your life is over and you are now discarded. It just doesn't make sense. Many Judges run for the post when they are in their late forties early fifties and serve one or maybe two terms and collect fat pensions and medical benefits the rest of their lives. If they are willing to serve past seventy they should be allowed to. Presidents of the Untited States have no age restrictions for mandatory retirement, why should a judge?

Bernie O'Hare said...

I agree but do it the right way. Adopt a constitutional amendment. What the judges want to do is set themselves above it. That offends me, and should offend you, too.

Anonymous said...

What other organization has a mandatory retirement age. Overturn it!

Bernie O'Hare said...

But do it the right way Judges are not a law unto themselves.

Anonymous said...

The Trailer Park Princess strikes again. No experience just a very rich husband.

Anonymous said...

I hope she remembers this when it comes to PA's Constitutional gun rights, and the Federal Constitution for that matter.

Anonymous said...

That statement itself is very bold and to the point Bernie¿ Thank you for opening my eyes to you like the lady with the cast iron nuts on Allentown counsil¿

Do unto others as they do unto you¿

I will be post on one of your other lehighvalley ramblings later this week when I have thunk about it some more¿

redd

Kevin Chang said...

Julian said he would "definately hit that" in regards to the Ag so she is bagger approved

Anonymous said...

She looks better than any plastic bottle blone like giggles and jiggles around allentown¿ At least she is not trying to be something she is not and most important she hasn't gotten a blackend hart to why she chose to study law? Money and power has no hold to her soul as many she has followed will go to hell wondering how they got there, humanity

Bernie O'Hare said...

Well said.

Anonymous said...

Anon 10:56 Police and Firefighter are required by federal law to retire by age 65