Voluntary Judicial Tyranny

http://www.collinsreport.net ^ | 9/5/2009 | bruce karlson

[brucek43]

Voluntary judicial tyranny: Congress can over rule the Supreme Court but won’t

09/05/2009 By Bruce Karlson Last week, we looked at the actual language which should curtail the tyrannical power afforded the US Supreme Court. Supreme Court rulings are only binding “…with such exceptions and under such regulation as the Congress shall make.” (Section 111, Article 2). Congress has never availed itself of its duty to restrain an activist Court. Congress failed the first test and has continued ever since: In 1803 under John Marshall, the Court denied relief to William Marbury based on its finding that the Judicial Act of 1789 was unconstitutional. The Congress, apparently pleased that it had won this minor case, left Chief Justice John Marshall’s encroachment (nullifying its law) unchallenged. Until 1954, this principle was left to fester, and fester it did. Enter Earl Warren and Thurgood Marshall. It took 150 odd years for Congressional disinterest in the sanctity of its prerogatives to metastasize. The cancer was unchecked and spreading. One must understand that the Founders were, to a man, aligned against one branch encroaching on the delegated powers of another. There was particular fear of Judiciary Branch incursions. The Founders may have believed that lawyers were men of principle who would decline to meddle. It should be noted that, in 1832, Marshall’s court ruled against Andrew Jackson, who disregarded the ruling with impunity. The 1954, ruling in the Brown v. Board of Education case, however, was never seriously challenged, as most Americans were either uninterested or thought that blacks deserved relief. Amazingly, there was no muscular legal challenge. FDR’s Southern racist Democrats in the House and the Senate moaned, groaned and threatened but really never took on the Court. Pusillanimity apparently still ruled in the Congress.

[brucek43]

judicial tyranny

[ETL]

Judge Sonia Sotomayor caught on tape
saying "Court is Where Policy is Made"

Link to YouTube video of her making the comment:
http://www.youtube.com/watch?v=OfC99LrrM2Q

[CPOSharky]

FDR’s Southern racist Democrats in the House and the Senate...

Isn't FDR the 'modern' demonrats greatest hero?