House Majority Whip Tom DeLay, R-Texas, began fomenting the current impeachment madness two years ago. His earlier target was the federal judiciary; later he elevated his sights -- to the presidency. DeLay is acknowledged to be the force behind lining up Republican votes to impeach President Clinton. He has cajoled, threatened and pulled in favors in order to fuel a radical revolution aimed at overturning democracy as we know it.
In mid-March 1997, DeLay proclaimed, "As part of our conservative efforts against judicial activism, we are going after judges."DeLay took his script from James Dobson of Focus on the Family, Pat Buchanan, Gary Bauer of the Family Research Council, right-wing activist David Barton, Pat Robertson and the Christian Coalition. They all bemoaned what they called "judicial tyranny" and the "imperial judiciary."
In May 1997, DeLay targeted three federal judges for impeachment -- Harold Baer Jr. of the U.S. District Court of Manhattan, Fred Biery of the U.S. District Court in San Antonio and Chief Judge Thelton Henderson of the U.S. District Court in San Francisco -- because DeLay didn't like decisions they had handed down. He claimed that "articles of impeachment are being written right now" against Biery.
The conservative National Legal Foundation endorsed DeLay's call for impeaching federal judges.
DeLay promised more federal judges would be added to his hit list. "We have a whole big file cabinet full. We are receiving nominations from all across the country of judges that could be prime candidates for the first impeachment." DeLay made this statement even before he had any evidence of impeachable crimes against these judges. And then Clinton fell into his lap.
It should be no surprise that Bob Barr, R-Ga., is the other member of the U.S. House who caught the impeachment fever early. He, too, has been a major voice behind the scenes orchestrating the GOP impeachment of the president.
We can expect these same voices to clamor for the heads of judges as soon as the presidential impeachment has been played out.
The ramifications of this impeachment madness are likely to be profound. If Congress can impose its will upon the judiciary, the system of checks and balances among the three branches of government will crumble. An independent judiciary is the foundation of our constitutional form of government. The judiciary has the duty to guard the Constitution from legislative and executive encroachment. It has the duty to protect the civil liberties of every individual from the tyranny of the majority.
The framers of the Constitution considered the independence of the federal judges so important to our system of government that judges hold office for life and their pay cannot be reduced as long as they serve in "good behavior." Judges cannot be removed for rendering unpopular decisions. They cannot be legitimately removed for political reasons.
The irony here is that one of the most conservative Chief Justices of the U.S. Supreme Court, William Rehnquist, stands firm against the right-wing radicals who would destroy the independence of the judiciary and the presidency.
In a 1991 law review article, "The Impeachment Clause: A Wild Card in the Constitution," Rehnquist wrote: "If one were to select the two major contributions to the art of government made by the Founding Fathers in Philadelphia in 1778, I think one would have to select: first, the separation of the executive from the legislative power, and second, the creation of the independent judiciary with the power of judicial review. Article II of the Constitution establishes the president as the chief executive in his own right, without any dependency on Congress such as that of a prime minister in a parliamentary system. This article confers upon the president powers which Congress cannot take away."
We see a Congress deeply divided and troubled. There is a partisan frenzy to impeach and impeach. Conservative GOP members of Congress have watched their agenda blunted by the federal courts or fragmented by the president. And now, in frustration, these short-sighted elected officials are willing to destroy the foundation of our system of government in order to get their way.
Where are the statesmen who understand what is being done? The nation needs them desperately.