Bench Memos

Sowell, Again

Another good column by Thomas Sowell today. Without endorsing every syllable of what he says, I’ll note that impeachment of judges was contemplated by the framers as an important political control on the judiciary, and we would do well to think hard about resurrecting their understanding of it for our own purposes today. We’re a long way from the kind of robust republicanism that could confidently rein in our runaway courts, but the way back is in thinking again about the tools the framers gave us to govern ourselves. It is true that an impeachment effort could be blocked by those political forces that find their interests served by the usurper judges. But even a failed impeachment might be a salutary exercise for the exposure it would give to some competing constitutional arguments.

Matthew J. Franck — Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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