A Draft Resolution of Congressional Censure Against 
United States Supreme Court Justices 

Kennedy, O'Connor, Rehnquist, Scalia, and Thomas 

for Their Betrayal of the American People 
and the United States Constitution 
Displayed in the Decisions of 
Bush v. Gore


Why Censure?
 
Letter of Introduction
 
The Counts of Censure
 
I. Applicable Laws and Principles
 
II. The Legal Controversy in Florida
 
III. The U.S. Supreme Court's Intervention
 
IV. The U.S. Supreme Court's Decision
 
V. The Anomalous Nature of the Per Curiam Rulings
 
VI. The Tragic Impact of the Supreme Court's Rulings
 
VII. The Voice of Memory
 
Therefore it is resolved that . . .
 






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Dedication
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VII. The Voice of Memory on the Need for Eternal Vigilance in Defense of Liberty.


Whereas, as Justice Woodbury sagely noted over 150 years ago: "[I]f the people, in the distribution of powers under the constitution, should ever think of making judges supreme arbiters in political controversies, when not selected by nor, frequently, amenable to them . . . they will dethrone themselves and lose one of their own invaluable birthrights; building up in this way—slowly, but surely—a new sovereign power in the republic, in most respects irresponsible and unchangeable for life, and one more dangerous, in theory at least, than the worst elective oligarchy in the worst of times . . . ." Luther v. Borden, 7 How.1, at 52–53 (1849).
 


Next page: Therefore it is resolved that . . .
 

The Counts of Censure
I. Applicable Laws and Principles
II. The Legal Controversy in Florida
III. The U.S. Supreme Court's Intervention
IV. The U.S. Supreme Court's Decision
V. The Anomalous Nature of the Per Curiam Rulings
VI. The Tragic Impact of the Supreme Court's Rulings
VII. The Voice of Memory