Separation of Powers

From The Washington Post - Gingrich: Send U.S. Marshals to arrest uncooperative judges

It seems presidential candidate Newt Gingrich would be willing to use the power of the United States Marshals Service to bring judges before Congress to explain rulings and justify their decisions.

Article II, Section 4 of the United States Constitution states: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High crimes and Misdemeanors.

This includes federal judges.

The judiciary is a separate branch of government, co-equal with the executive and legislative branches.  The implication and practice is that no single branch is subservient to another.  Principles of checks and balances, such as legislative approval of executive appointments, judicial review of legislative actions, and executive veto power are designed to preclude one branch from exercising unchecked authority. 

In the instant case, we see that a presidential candidate has openly expressed the possibility that his administration would exercise authority not granted by the Constitution to bring federal judges before legislative investigative committees to answer for controversial rulings, and to justify how their decisions were reached.

The Constitution provides a means to impeach, try, and convict federal judges for crimes committed against the state.  If we feel that a crime has been committed, then utilize the system prescribed in our Constitution.  Bringing judges before Congress to justify their decisions would cast a chill over the federal judiciary, thus limiting it in a way that is not defined in the Constitution.  Through written decisions recorded by the courts, judges provide sufficient reasoning to support their decisions.  Threatening to drag the judiciary before the jury of the media is school-bully intimidation unworthy of a president or presidential candidate.