Posted on 09/28/2015 1:35:55 PM PDT by Pfesser
Article III Clause 2 of the Constitution states: In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Clearly, Congress has this power.So why haven't they used it? They have in years past.
According, to heritage.org:The seminal decision on jurisdiction-stripping statutes under the Appellate Jurisdiction Clause came shortly after the Civil War. Ex parte McCardle (1869) involved a newspaper editor in military custody, who had appealed a lower federal court's denial of habeas corpus relief to the United States Supreme Court, pursuant to the Habeas Corpus Act of 1867. After the Supreme Court heard oral argument, Congress repealed the provisions of the statute that had authorized Supreme Court review. The Court concluded that, pursuant to Congress's power under the Appellate Jurisdiction Clause, it had no jurisdiction to decide the case.
So question the remains, why is this Congress so gutless or ignorant to use this power?
We need term limits for the House, Senate, and SCOTUS!
I think it’s rarely used because our Congress is made up of cowards.
Keep in mind, he threatened to pack a court that would not go along with his efforts to destroy the Constitution. What conservatives should be considering, in addition to changes to the jurisdiction of the lower courts, is increasing the number of judges on the Supreme Court in order to restore the Constitution, preventing blatant judicial overreach. If it is explained by someone who is capable of selling their reasoning, like Reagan used to and like Cruz or maybe Trump could, the American people would agree with restoration of their beloved Constitution.
Because the Constitution also says that any bill requiring the action of both the House and Senate MUST go to the President for signature.
That doesn’t mean it shouldn’t be in every bill, and that the Congress shouldn’t fight the issue, but the president’s veto power is a consideration.
And if the President vetoes, the Congress can override the veto.
Congress can vote to suspend the Supreme Court rulings on gay marriage and even Obamacare.
And it can also say that the Supreme Court may not have jurisdiction over these matters in the future.
The Congress of today consists of people who are by and large bought and paid for toadies, ignorant of the Constitution and of their responsibilities.
If we had this bunch in 1776, America would never have been born.
Makes one realize what a God-made miracle the Founders were.
It takes 2/3rd to override and only 3/5th to overcome a filibuster. Congress is allowed to TRY to override a veto.
Federalists like John Marshall claimed, a broad power of Congress to regulate the appeals process to the Supreme Court. Justice Story later opined that Congress possessed “the utmost latitude” in limiting classes of cases that could reach the Supreme Court, so long as “the whole judicial power” was “vested either in an original or appellate form, in some courts created under [Congress’s] authority.” Martin v. Hunter’s Lessee
Neither gutless nor ignorant. Treacherous. They don’t use their powers in this regard because it would end the gravy train their riding.
So question the remains, why is this Congress so gutless or ignorant to use this power?
Simple answer, they approve of what the court is doing especially since they get to blame the court and lie to the voters about it.
Imo, we need a law that recognizes two truths.
1. Power corrupts, ultimate power corrupts ultimately.
2. The corrupt seek power. The ultimately corrupt seek ultimate power.
The law: You take the oath of office. You break that oath in act or spirit, you die.
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