Where are we headed? See that tube over there ...
A new alternative, and one that makes sense, is to create a new national court, the Second Court of the United States, that is uniquely *not* a federal court, but a logical *restraint* on the federal courts, the congress, and the presidency, by the States.
To start with, because America has a surfeit of federal judges who whimsically assert a federal intrusion into all varieties of State law, every year now, some 8,000 federal cases are appealed to the Supreme Court of the United States, clogging the system.
Because the Supreme Court can only hear perhaps the “top” two dozen of these, the vast majority revert to whatever decision was made by the federal circuit courts, for better or worse.
Often worse. But no matter what they decide, it accepts the notion that it *should* have been heard by the federal courts in the first place.
A Second Court of the United States would be composed, not of federal judges, but of State judges, *appointed* specifically by the legislatures of the individual States, much as how the US senate was originally intended.
Importantly, their role would *not* be to determine if a decision was constitutional or not, but to determine if a circuit court decision on the way to the Supreme Court *deserved* to be in federal court at all, or if it should be taken from the federal court system and returned to its State of origin, as a State, not federal, matter.
Cases that *should* be in the federal system will by this point already have their constitutional merits evaluated by lower federal courts, so there will be ample information on which the Second Court can make its jurisdictional determination.
Of those 8,000 or so cases currently appealed from the Circuit courts to the SCOTUS, it is likely that the vast majority would be taken out of federal jurisdiction and returned to the States, as *not* being a federal matter to decide. Likewise would be many decisions made by federal judges that are oppressive to the States, such as ordering States to appropriate money for the judges whims.
Otherwise, the Second Court of the United States would also have an original jurisdiction: to be the first court to receive lawsuits by the States against the federal government, and by the federal government against the States.
Right now such lawsuits, like the one by the Justice Department against Arizona, have to go through a long, time consuming, and unnecessary process, of first the federal State District Court, then a panel of the circuit court, then the full circuit court, before finally having a shot at the Supreme Court. Such lawsuits are almost *guaranteed* to have to be determined by the SCOTUS, so why go through the motions?
Especially if the SCOTUS is too busy to hear them.
So instead, by going directly to the Second Court of the United States, there would be an opportunity for all 50 States to tell the federal government to “back off”, in such matters as the Justice Department suing Arizona over its immigration law.
The great value of a Second Court of the United States would be that for the first time, the United States would have a means, an institution, whose purpose would be to “trim”, to reduce, the federal government. To pull the federal government back from performing actions not authorized by the constitution.
This is because it would not only limit federal judges from their excesses, but because the individual States could challenge the laws of congress and the bureaucracy, and the actions of the “imperial presidency” at least at *some* point in the process.
Even a constitutional amendment otherwise limiting their power would likely not be able to do this, because as soon as it was written, there would be a concerted effort to undermine and evade it. But a constitutional amendment creating an *institution* like the Second Court of the United States, would have the institution to defend itself, and its purpose, providing constant “push back” against federal overreach.
Somebody to fight back for the States and the people, against a monolithic and intrusive federal government.
The only place this country is headed towards is judgment. Mark my words, God has lifted His blessing from the USA and it is only a matter of time before complete and utter chaos descends upon us. Just look at all of the natural disasters happening all around us, His judgment has already begun.
There is truth in comments left by everyone here. Lawlessness now abounds. There are actions that can be taken (that don’t involve violence), but it appears Americans (including conservatives) are satisfied to use old tactics (faxing, calling, emailing, rallying) in this “new world” we live in. And, that’s exactly what the Left is hoping we’ll continue to do.
Google "Allende+Chile", "Venezuela+Chavez", "Zimbawbwe+Mugabe", "China+Mao", "Cambodia+Pol Pot", "Ukraine+Stalin", etc.
Has any other Congress in our history been as viciously anti-American as this? You know the answer. What the new Congress does or doesn’t do is all important.
That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
1. Pray to Jesus Christ
2. Buy physical Gold and Silver (they are God's money)
Too late.
People don’t vote for liberty.
They vote for freebies.