Posted on 07/05/2012 10:03:08 AM PDT by privatedrive
The Constitution does not specify the number of justices on the Supreme Court; that decision is left to Congress. I submit that now is the time to increase that number to at least 15. Clearly the current makeup of the SC concentrates too much power to one individual (formerly Kennedy, now Roberts).
In 1861, Congress passed a law fixing the number of SC Justices at 9. The original U.S. Supreme Court had only six Justices; that number has changed several times over the years.
1.Judiciary Act of 1789: Court size 6 2.Judiciary Act of 1801: Court size, 5 3.Repeal Act of 1802: Court size, 6 4.Seventh Circuit Act of 1807: Court size, 7 5.Judiciary Act of 1837: Court size, 9 6.Tenth Circuit Act of 1863: Court size, 10 7.Judicial Circuit Act of 1866: Court size, 7 8.Habeas Corpus Act of 1867: Court size, 8 9.Judiciary Act of 1869: Court size, 9
I believe that now is a good time to increase the number, and thereby reduce the chances of one justice deciding the interpretation of law based on outside influences.
You might be opening a can of worms we’d rather keep shut. Didn’t FDR look at trying such a thing when he couldn’t get his socialist agenda through the courts?
I’m a little surprised 0bama hasn’t tried it already.
“That you Mr.Roosevelt? Thought you was dead.”
There’s a difference, in that he wanted to pack the court to stop it from enforcing the Constitution. This guy apparently thinks it can help restore the Constitution. Probably at best it would result in extra Robertses strengthening the liberal faction.
Just Google “Court Packing” like Sam_Paine asked You to do before You throw a rock at me!
The justices need to be term limited with no re-appointment possible. Ten year terms. The court is so politicized that even direct elections would be preferable to the current system. I also like the idea of Mark Levin that the congress could overturn a SC decision by a 2/3 margin in both Houses.
No Term Limits!!!! Or Judicial Review by the Senate and House. When the SCOTUS judge becomes a problem you remove them. By a 2/3 vote!!!
All is know is: The way things stand now is unacceptable. SC has stolen legislative power from Congress, pure and simple. The major decisions that confront our great nation are NOW in the hands of unelected, progressive ideologues. 1st amendment, 2nd amendment - nice knowin ya.
Perhaps increasing the SC number would lessen our risk; perhaps not. I’m just postulating an idea that might help Congress recapture some of their newly stolen power. “We the People” have had our b@lls cut off by SCROTUS. We need to get them back.
If we have our balls cut off by the Scrotus, maybe that will bring the solution that much sooner.
We are trying to put a foundation under a rotting house. You get to a point where restoration isn’t feasible.
AKA roosevelt........no thanks
Why would he? Unlike FDR, he CAN get his socialist agenda through the court.
Evidently. Between those calling for Roberts impeachment to the idea we need to revive FDR's infamous court packing scheme which was a direct result of his having lost initial New Deals cases...
It's at best bothersome. At worst it shows how, even on FR, too many are devoid of the most even basic U.S. History or civics understanding.
Why not just admit that the USSC has become nothing more than a glorified legislature?
In doing so we’d be admitting that one of the branches of government is worthless and the Constitution is therefore invalid, but if we’re going to go to mob rule anyway we might as well skip the niceties and get it over with.
Terrible idea. That would effectively mean that Congress could amend the Constitution by a 2/3 majority, without the states. Also, could Congress also overturn lower court decisions?
Can’t increase the number of justices.
FDR tried to add an additional 6 in 1939 and Congress said NO.
They have encroached on States’ rights too, starting decades ago.
So it cant be done because Congress said no in 1939? Hmmm.
So it cant be done because Congress said no in 1939? Hmmm.
I say drop the number of justices to four.
Congress said “no” in 1939 because FDR was trying to pack the courts by adding 6 more Justices in his favor. If you wanted to add 6 Justices today it will be viewed in the same manner and should suffer the same fate.
Changing the number of Justices on the SCOTUS can be done and has been done in the past. What the folks are saying is that Congress isn’t going to allow any POTUS to increase the number of justices by say “6” at once. That’s way too much power granted to the POTUS at once to try and pack the SCOTUS, even with Congress voting on appointees.
I agree with this position, no matter if it’s “our President” or “their President”. If you want to have 15 justices serving on the SCOTUS, then it should occur gradually.
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