Extensions of Remarks

11400 EXTENSIONS OF REMARKS May 21, 1990 EXTENSIONS OF REMARKS VERONICA REAGAN CARMICAL, charged with a high crime or misdemeanor, either party's logic that he appeared to be ESSAY CONTEST WINNER impeached by a majority of a quorum in the acting at least semi-independently. United States' House of Representatives, The greatest threat to the independence and convicted by the votes of two-thirds or of the American federal judiciary came HON. HAROLD ROGERS more of a quorum in the federal Senate. more than a century after death took John OF KENTUCKY Historically, federal judicial independence Marshall from the Supreme Court in 1835. IN THE HOUSE OF REPRESENTATIVES resulted in numerous analyses. Among the In 1937 popular President Franklin D. Roo most notable of these was Number 78 of sevelt, angered because he had been unable Monday, May 21, 1990 "The Federalist Papers," written by Alexan to name even one justice of the Supreme Mr. ROGERS. Mr. Speaker, 200 years ago, der Hamilton. who favored life appoint Court during his first four years in office the Constitution of these United States was in ments for federal judges. Hamilton's only and because holdover jurists from previous its infancy. Our First President, George Wash stated reservation regarding the matter was Republican and Democrat administrations ington, had been in office just a little over a that in case of a judge who was insane or had struck down so many New Deal statutes physically incompetent to hear and rule on deemed necessary by Roosevelt for the year. Our first Congress had only begun to cases before his court. Hamilton's opinion United States to recover from the ravages of enact the laws of the land. was apparently of little concern to the ma the nation's worst depression, sought to But the third branch of our Government, the jority of the delegates at the 1787 Philadel· alter the High Court and other federal judi judiciary, would not take a form recognizable phia Convention from which the Constitu cial bodies. After first toying with the idea to us until more than a decade later, when the tion emerged because that stipulation was of having his Congressional supporters Honorable John Marshall became Chief Jus not added in the document. By so many ac sponsor a Constitutional Amendment to re tice of the U.S. Supreme Court. counts, the establishment of an independ strict the jurisdiction and authority of all It is in the spirit of celebration, of consider ent, essentially life-tenured judge fostered federal courts, Roosevelt and Attorney Gen ing the foundations of this Nation, that I am fair decisions; it hindered wealthy and oth eral Homer Cummings decided to proffer a erwise powerful citizens from being able to scheme for enlarging the Supreme Court proud to enter this essay from Veronica sway a judge's decision because the latter and other levels of the federal judiciary. Reagan Carmical of Williamsburg, KY, into the would not fear the loss of his livelihood. Specifically, through surrogates, Roosevelt eternal RECORD of this House. Indeed, a judiciary not affected by popu and Cummings proposed to the Senate the Her astute essay on the importance of an lar sentiment or special interest groups appointment of an additional judge for each independent Federal judiciary has won the could constitute the wisest court system jurist at each bench level who, having praise of the Daughters of the American Rev possible. Our founding fathers were by no reached the age of seventy years and six olution and the Commission on the Bicenten means the first to arrange a judicial system months, had not retired. Had their plan nial of the U.S. Constitution, who judged it the in this manner. England was the first major been legislatively enacted, Roosevelt would nation to utilize this idea. Since the fif immediately have been able to nominate six best essay in the east central division of their teenth century in England, a judge's rulings additional justices for the Supreme Court. recent nationwide essay contest. are supposedly fair and just, according to After lengthy debate, the "court packing" I had the pleasure of meeting Veronica here common law, equity, and statutory law. By plan failed to pass the Senate and was never in Washington a couple of weeks ago. Rarely analysis, one can see how the ordinary entertained in the House. have I met such a poised and articulate young person might benefit from this because gen Had it succeeded, the Roosevelt-Cum lady, and I look forward to hearing of her erally his cases are decided in the same mings schemes would have demeaned the future success in college, and in her adult life. manner as those involving more important independence of the federal judiciary, espe My congratulations also go to her parents, persons. cially the High Court, by lessening the im Not all countries practice the appoint portance of each judge. By reducing each's Mr. and Mrs. Oline Carmical, Jr., and to her ment of their judges as part of some politi stature, the other branches, particularly the fine teachers at the Williamsburg, KY, schools. cally partisan process. France has had five executive in this case, would corresponding I am quite sure they are all as proud of Veron radically different forms of government ly have been greatly enhanced in both ica as I am. over the past two centuries, and each has power and prestige. Most of the plan's oppo I urge all of my colleagues to read this fine had its own specific judicial system. One nents stressed their opposition on grounds essay, and consider its meaning as we in this main idea has permeated from general of preserving judicial independence and House write the laws of the land adjudicated French culture, however, through each of equality among the three federal branches the five types; a student of law trains to be of government. It is within the confines of by our independent Federal courts: either an attorney or a judge. Therefore, such sentiments that both judicial inde WHY ARE INDEPENDENT JUDGES IMPORTANT IN French jurists are professional civil serv pendence and governmental balance of THE PRESERVATION OF OUR CONSTITUTIONAL ants, not political appointees; they are noth power continue to thrive in our federal SYSTEM OF GOVERNMENT? ing more or less than judges. system. (By Veronica Reagan Carmical> The American system of an independent In 1787 our founding fathers saw the ne judiciary has been tested many times over cessity of a strong judicial system independ the years. In 1806 Chief Justice John Mar COLUMNIST PATRICK BUCHAN ent from the other two federal branches of shall came to the Supreme Court. Mar AN AGAIN CRITICIZES STATE government. Although they were vague in shall's first year on the Court shows how HOOD FOR PUERTO RICO the composition of the judiciary, they did unnecessary the Supreme Court was consid provide in Article III, Section I of the ered by the country as a whole. The Court United States' Constitution that there only heard three cases that year; two in HON. JAIME B. FUSTER would be one Supreme Court and other volved disputes over ships captured as prizes OF PUERTO RICO lower courts as Congress subsequently be on the high seas, and the third involved a IN THE HOUSE OF REPRESENTATIVES title to a tract of western lands. These were lieved necessary. There were also other stip Monday, May 21, 1990 ulations that the judges were given their the ordinary cases of that time. There was posts for the duration of their lives. that nothing extraordinary about these cases, Mr. FUSTER. Mr. Speaker, as ~ Democrat I they would be paid, and that their pay may but Marshall, a highly partisan Federalist, do not always agree with the viewpoints of the never be decreased. The former has been in used them and others to build a judiciary in nationally syndicated conservative columnist terpreted to mean that a judge is nominated dependent of the executive and legislative Patrick Buchanan. but once again I have to branches. Federalist Marshall even occa for a tenure of life during good behavior by tell my colleagues that he is right on target the President. subject to federal Senatorial sionally ruled in favor of the majority Jef approval and his salary will never diminish. fersonian Party. Many of his rulings set de with his latest column on a proposed political Specifically, a federal judge can never be re finitive precedents because his reasons for status plebiscite in Puerto Rico. I inserted Mr. moved from office unless he has been his decisions seemed so different from Buchanan's first such column on this issue in e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. May 21, 1990 EXTENSIONS OF REMARKS 11401 the RECORD last February, and today I want to and partner, on equal terms with the United The conservative adage there applies: draw to the attention of my colleagues his States? When it is not necessary to change, it is nec second column, entitled "Future State or We Americans preach self-determination. essary not to change. Just as islanders have a right to determine Nation?" which appeared in the May 16 edi their destiny, so, too, does the mainland. tion of the Washington Times. Neither the island, nor 250 million Ameri As you know, Mr. Speaker, there is legisla THE URBAN STATE UNIVERSITY: cans, should be blackjacked into a marriage KEY TO 21ST CENTURY AMER tion pending in both the House and Senate likely to wind up in a divorce court.

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