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To: jwalsh07

"Congress has several means to remedy rogue courts. They have Article 3 powers to limit the courts jurisdiction"

The Supreme Court will overrule any application of this against themselves as unconstitutional.


"They have the impeachment power."

Theoretical.
Requires a supermajority which cannot be obtained.

"They have the power to amend the Constitution, see Dred Scott."

Theoretical.
Requires an even larger super-majority that cannot be obtained. Also, Dred Scott was effectively overruled by the outcome of the Civil War, the post-Civil War Amendments could not have been passed at all had white southerners who had participated in the rebellion been permitted to organize and vote. Finally, the 13th, 14th and 15th Amendments were effectively overruled by the Supreme Court in 1896 in Plessy v. Ferguson, and did not regain any authority until the Supreme Court rediscovered them in 1954 Brown v. Board of Education.
Amending the Constitution has not historically worked against the Supreme Court. The Supreme Court merely ignores or reinterprets the amendments.

"And finally they have the power to add justices to the Supreme Court wihtout super majorities being required, check with FDR on that one. :-}"

FDR failed to pack the court, and lost considerable political support in Congress when he attempted to do it.

The only successful, sustained override of the Supreme Court was by the President Lincoln, and was through straight out refusal to obey court orders.


1,126 posted on 06/23/2005 6:57:36 PM PDT by Vicomte13 (Et alors?)
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To: Vicomte13

You simply offer opinions as to the efficacy of each power. My statement stands alone, Congress has the power to rein in the court. And by the way, the Supreme Court can not rule on anything that isn't before them. If Congress limits the court, the court can not offer any opinion at all.


1,137 posted on 06/23/2005 7:08:57 PM PDT by jwalsh07
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