Posted on 04/28/2017 11:43:22 AM PDT by Sean_Anthony
All of these rulings by the court against Trump's executive orders are an overstepping of their judicial authorities. The judges are acting illegally.
In Article I, Section 8 of the United States Constitution the text states that Congress has the authority to “constitute Tribunals inferior to the supreme Court.”
In Article III of the U.S. Constitution, when referring to the inferior federal courts, it states that it is Congress who may from “time to time ordain and establish.”
the 9th has been a notoriously bad court for years.
and it covers too much of the country, in territory, also.
so,
either reason is very valid and should be utilitized NOW to fix the problems with the 9th, before it can do us even more damage
Still a goos idea since 2000
https://www.jstor.org/stable/1342292?seq=1#fndtn-page_scan_tab_contents
The 9th circus should be broken up into 3 pieces, minimum............
What’s your thoughts on this, Sean? Surely you have an opinion.
that would work very nicely, thanks
In my opinion, bots are the wave of the future.
The entire 1st Circuit could be contained in any one of the states in the 9th Circuit.
The 9th Circuit certainly is an “inferior Tribunal” in so many ways.
Right, they have WAY too big a territory and it should be replaced with two or even three successors, one for coastal urban California alone.
Might even throw Las Vegas into that court district. But I would leave the rest of Nevada apart from this court’s jurisdiction.
The Ninth Circuit is an appellate court inferior only to SCOTUS. Congress has the authority to constitute an appellate court inferior only to SCOTUS, and superior to the Ninth Circuit.Simply take all the conservatives out of the Ninth Circuit, and constitute them as the "Superior Court of Appeals From the Ninth Circuit.” Then name conservative judges to replace them in the Ninth Circuit.
‘Course Congress should also split the Ninth into two or three jurisdictions as well . . .
Don’t split the court. Eliminate it, then, after a suitable interval publicly decide that hey we need another court to cover that area and create a new District Court with a different number. Then maybe you can retire all the judges from the 9th.
Wha? That made my head hurt. Maybe dumb it down some. I’m an engineer, so....
Wha? That made my head hurt. Maybe dumb it down some. I’m an engineer, so....
Section 1 - Judicial powersThe judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.So Congress cannot fire the judges of the Ninth Circuit without impeaching by simple majority in the House (easy) and convicting by a 2/3 supermajority in the Senate (too hard). But Congress does have the authority to create any court it wants, provided only that it be inferior to the Supreme Court. So if a particular inferior court (e.g., the Ninth Circuit Court of Appeals) is a problem, there are, short of impeachment, two possible solutions:
- add more good judges to the Ninth Circuit or,
- add a new layer of appeals court superior to the Ninth Circuit, but inferior to SCOTUS. IOW, create a unique court just for the job of supervising the clowns who are already on the Ninth Circuit. So SCOTUS won’t have too much to do.
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