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To: ding_dong_daddy_from_dumas

In past, I have proposed a solution to several problems, which are:

1) Far too many appellate court cases are sent to the SCOTUS every year, which can only hear a tiny fraction of them. This creates a severe bottleneck. And many of these cases are “crap” cases that should never have entered the federal court system in the first place. But the SCOTUS still accepts them, bumping out legitimate cases.

2) The 17th Amendment, the direct election of senators, was profoundly anti-federalist, turning senators into “free agents” who do not have to act on behalf of their states, who lost a huge amount of power to the national government.

3) District court judges have been asserting control over national policy, which is intolerable, and was even mentioned by Justice Thomas as a major problem.

My solution to these problems is to create a 2nd Court of the United States, *not* of federal judges, but two judges appointed by state legislatures, to terms like their two senators. Resembling the original US senate, they would not determine “constitutionality” of laws, which is what federal judges do, but instead determine “jurisdiction” of court cases.

So when the US courts of appeals send their about 30,000 cases a year to the SCOTUS, the job of this 2nd Court would be to cull those cases that are not *clearly* in federal and constitutional jurisdiction.

If 51 of these 100 state judges ordered a case to be returned to the state, as a state, *not* federal case, it would no longer be sent to the SCOTUS.

And because these judges would be appointed or removed by their state legislature, they would have to be responsive to their state, or when their term was up, they would be replaced.


22 posted on 06/28/2018 2:35:57 PM PDT by yefragetuwrabrumuy (Liberals have become moralistic, dogmatic, sententious, self-righteous, pinch-faced prudes.)
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To: yefragetuwrabrumuy

Alternate idea: Congress has the power(article 3, section 2) through legislation, to define what jurisdiction lower courts have. Just pass a law that no Court inferior to the Supreme Court has jurisdiction over the constitutionality of Presidential actions, or on acts of Congress. This would eliminate low level judges thinking they can overrule whatever they please.


39 posted on 06/28/2018 4:34:42 PM PDT by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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