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To: IbJensen
Congress can control the SCOTUS, if it has the will. The bolded part at the end is perhaps the least appreciated sentence in the entire Constitution.

U.S. Constitution, Article 3 Section 2:

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

"...with such Exceptions, and under such Regulations as the Congress shall make."

Enough Tea Party Patriots could lead a new Congress, and put the SCOTUS back into its box. The USA was never intended to become a tyranny of five judges. It's in the Constitution: The Congress is superior to the SCOTUS. There are NOT "three co-equal branches" as most believe.
2 posted on 07/04/2012 6:32:55 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Travis McGee
Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.

The Founders expected Congress, the Law Makers, to be more powerful than either the Court or the Executive. We need to move away from administrative law. Force the executive departments to get approval from Congress for every regulation. The Executive cannot make law per the Constitution. This needs to be a campaign just like the 2nd Amendment and Life movements.

36 posted on 07/04/2012 7:07:58 AM PDT by 1010RD (First, Do No Harm)
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To: Travis McGee

I was surprised to read that the infamous Dred Scott decision has never been explicitly overturned.


46 posted on 07/04/2012 7:48:49 AM PDT by jesseam
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To: Travis McGee
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

I often wonder why the Justice Department can sue States in lower Courts since the supreme court has Original Jurisdiction in cases involving states.

You would be surprised to know how many Freeper, Lawyer types don't believe the Congress can pass laws, Not Subject to Judicial Review.

54 posted on 07/04/2012 8:16:55 AM PDT by itsahoot
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To: Travis McGee

Limiting the jurisdiction of the Court here would not have helped. The problem with Obamacare is not that the Court ran roughshod over Congress. The problem is that the Court refused to overturn Congress (i.e., the Court was too restrained, to put it one way). Limiting the Court’s discretion would have accomplished nothing.


84 posted on 07/04/2012 1:24:55 PM PDT by Conscience of a Conservative
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To: Travis McGee
Enough Tea Party Patriots could lead a new Congress, and put the SCOTUS back into its box.

Acts of Congress are temporary and could (would) be reversed the next time Rats are in control.

Constitutional change, and radical change at that, is required. The states need a stronger voice - a veto, if you will - over not only the SCOTUS, but Congress and the President as well.

100 posted on 07/05/2012 9:31:26 AM PDT by Da Bilge Troll (Defeatism is not a winning strategy!)
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