The Life And Times of Senator James Ross

Cover The Life And Times of Senator James Ross
The Life And Times of Senator James Ross
James Irwin Brownson
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It would be constitutionally prop er, he said, to pass a bill providing that as vacancies oc curred in the judgeships no new appointments should be made to fill such vacancies, and the offices so becoming va- 22 SENATOR JAMES ROSS.
cant should thereupon be abolished ; but to abolish a judge- ship during the incumbency of the judge filling it was in the face of the intention, manifested by the constitution, that the judiciary should be independent of Congress. If the judgeships in question could
... be abolished by Con gress, why could it not abolish any other judgeship and thus render the entire judiciary wholly subservient to its will (because holding office at its pleasure, ) contrary to the constitutional design that the judiciary should be wholly independent of legislative control? In reply to the argument that it was not proposed to remove the judges from office, but to abolish the office a very differ ent thing, he said, in substance : You admit that it would e unconstitutional to remove a judge from office ; now 7 what is the essential difference between removing the man from the office, and removing the office from the man?

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