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To: dagogo redux
Do any Constitutional scholars here or legal experts see any feasible pathway to eventually restore the proper and original powers to the Congress, and to We the People who elect them, and to the States, and get these nine lawyers (and a literal army of Executive branch tyrants) back to their proper limited roles in our lives?

Yes. Nominate conservatives who can win elections and who will place equally conservative judges on the bench.

Or maybe magic.

2 posted on 07/04/2013 8:31:53 PM PDT by Drew68
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To: Drew68

Reply: Magic.

“Though subject to the process of impeachment, only one Justice has ever been impeached and no Supreme Court Justice has been removed from office. Supreme Court decisions have been purposefully overridden by constitutional amendment in only four instances: the Eleventh Amendment overturned Chisholm v. Georgia (1793); the Thirteenth and Fourteenth Amendments in effect overturned Dred Scott v. Sandford (1857); the Sixteenth Amendment reversed Pollock v. Farmers’ Loan and Trust Co. (1895); and the Twenty-sixth Amendment overturned some portions of Oregon v. Mitchell (1970). However, when the Court rules on matters involving the interpretation of laws rather than of the Constitution, simple legislative action can reverse the decisions (for example, in 2009 Congress passed the Lilly Ledbetter act, superseding the limitations given in Ledbetter v. Goodyear Tire & Rubber Co. in 2007). Also, the Supreme Court is not immune from political and institutional restraints: lower federal courts and state courts sometimes resist doctrinal innovations, as do law enforcement officials.[136]

In addition, the other two branches can restrain the Court through other mechanisms. Congress can increase the number of justices, giving the President power to influence future decisions by appointments (as in Roosevelt’s Court Packing Plan discussed above). Congress can pass legislation that restricts the jurisdiction of the Supreme Court and other federal courts over certain topics and cases: this is suggested by language in Section 2 of Article Three, where the appellate jurisdiction is granted “with such Exceptions, and under such Regulations as the Congress shall make.” The Court sanctioned such congressional action in the Reconstruction case ex parte McCardle (1869), though it rejected Congress’ power to dictate how particular cases must be decided in United States v. Klein (1871).”


3 posted on 07/04/2013 8:36:54 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: Drew68

“A judge may also be removed by impeachment and conviction by congressional vote (hence the term good behavior); this has occurred fourteen times. Three other judges, Mark W. Delahay,[2] George W. English,[3] and Samuel B. Kent,[4] chose to resign rather than go through the impeachment process.”


5 posted on 07/04/2013 8:38:35 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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