Judge Malott is too discreet here. He’s surely talking about Space Cadet Schmitt, Maritinez’s nominee for the state Energy Department. So, does it matter that the head of Energy knows nothing about the Constitution?
ABQJOURNAL BIZ: Judge Takes Out His Eraser Twice — for A Correction and A Clarification
By Alan M. Malott
For the Journal
It is the stated proposition of a New Mexico cabinet appointee that Congress should determine whether its statutes are constitutional, and should institute impeachment actions against federal judges who rule otherwise. "Well-documented cases against such judges on constitutional grounds would go a long way toward making adherence to the constitutional law a hallmark of the federal justice system," the candidate urges.
Well, I just have to point out that the very same Constitution provides federal judges can only be impeached for bad behavior such as "high crimes and misdemeanors," not for disagreements with Congress over constitutional interpretation. The Founding Fathers made this provision to secure an independent judiciary, not one cowed by the legislature. Therefore, the candidate’s very proposition fails to pass a basic constitutional analysis.
Now I don’t know the difference between an igneous and sedimentary rock, and I have not had the opportunity to walk on the moon, but I believe an independent judiciary is an integral component of the three-part government that makes this country strong. To urge that the legislature be used to hobble the judiciary in order to further its philosophy du jour exhibits either a malevolence toward our balanced, albeit sometimes frustrating, democracy or a very disturbing lack of knowledge and understanding of a constitutional government. Either way, I say: That ain’t right.
Of course, you can "Judge for Yourself."
Alan M. Malott is a judge of the 2nd Judicial District Court. Before joining the court, he practiced law throughout New Mexico for 30 years and was a nationally certified civil trial specialist.
ABQJOURNAL BIZ: Judge Takes Out His Eraser Twice — for A Correction and A Clarification
ABQJOURNAL NEWS/STATE: Schmitt Draws Out Foes
By Deborah Baker
Journal Staff Writer
SANTA FE — Ex-astronaut Harrison Schmitt is shaping up to be the most problematic of Gov. Susana Martinez’s appointees as the Senate prepares to vote on whether to confirm members of her Cabinet.
Schmitt, a former U.S. senator from New Mexico, is the secretary-designate for the Energy, Minerals and Natural Resources Department.
Some senators report being inundated with letters and e-mails, both for and against Schmitt’s confirmation.
"No one has generated as much interest as he has," said Majority Leader Michael Sanchez, D-Belen.
Senate Minority Whip Bill Payne, R-Albuquerque, said new governors typically get to appoint the people they want unless there is "something really egregious" that jeopardizes their confirmations.
"We’ve got a Ph.D. geologist from Harvard who walked on the moon, and we’re asking him to look after our minerals and energy deposits," Payne said. "You probably aren’t going to find a more qualified scientist to head that agency."
One of Schmitt’s opponents, Sen. Stephen Fischmann, D-Mesilla Park, said the key issue for him is not so much Schmitt’s positions.
"It’s that he seems to regard anyone who disagrees with his point of view as evil," Fischmann said.
"I think he’ll have a very hard time doing a good job, because a lot of folks in his own department might be called environmentalists. … And if people feel like they’re just going to be characterized as evil because they disagree, it’s going to be very hard to work."
ABQJOURNAL NEWS/STATE: Schmitt Draws Out Foes
