WHEREAS: To prevent tyranny and protect liberty, the Framers of
the Constitution
created three independent branches of government – executive, legislative
and judicial – and imposed checks and balances that limited the authority
on the authority of each branch; and
WHEREAS: Judges in the United States have dispensed justice for
more than 200
years, fairly and impartially, applying the law to rich and poor
alike; and
WHEREAS: A fair and impartial judiciary is essential to the proper
functioning of the
Constitutional system of separation of powers; and
WHEREAS: When citizens disagree with decisions made by the judiciary,
citizens have a responsibility to pursue legitimate opportunities
of redress, including the right to free speech by criticizing the
decision and by appealing the decision to a higher court; and
WHEREAS: Today, members of Congress who disagree with recent decisions
are
threatening to punish members of the judiciary through impeachment
or
other means for decisions rendered as part of the proper performance
of
their duties on behalf of the public; and
WHEREAS: Such punitive measures, if employed, would dangerously
undermine the
fair and impartial performance of duty by the judiciary as the separation
of powers put into place by the framers of the Constitution; now
therefore be it
RESOLVED: That the Council of the City of _____________ calls on
Congress to defeat all proposals designed to intimidate or
otherwise undermine the ability of judges to render independent,
fair and impartial decisions; and further be it
RESOLVED: That the Council calls on Congress to cease all retaliatory
actions against the judiciary concerning decisions rendered by the
courts and to seek
redress for all disagreements through the many Constitutional means
available that respect the separation of powers and a fair and impartial
judiciary.
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© 2008 American Bar Association