Posted on 05/15/2016 11:51:45 AM PDT by Pfesser
The Constitution already gives Congress power over the Supreme Court's Appellate power in Article III, Section 2 of the Constitution. " 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."
The Heritage organization explained this. "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 After the Supreme Court heard oral argument, Congress repealed the provisions of the statute that had authorized Supreme Court review.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. The Court also expressed a deferential view toward legislative acts in this context, noting: "We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution; and the power to make exceptions to the appellate jurisdiction of this court is given in express words."
They could also impeach justices, but they don’t. A power not used is no power at all.
This is a power that the congress has almost completely ignored. If you leave it up to the SC to be the final arbiter of a law and they strike it down then the congress can blame the court. If the congress puts in a clause removing appellate jurisdiction from the SC then the court has no power. But if the court presumes to take a case and strike down the statute despite the clause, you have a court ripe for impeachment. If congress then does nothing you have a practical change to the constitution without amending it. Then you have two bad branches of government. Throw in a usurper president and the tinder is all there for an explosion.
They could impeach, but like with Clinton - they won’t get a conviction.
The uni-party would never convict one of their own.
Of course not, but they should do it anyway. That's basically my point - they won't vote to limit the Court's jurisdiction, either.
You can always trust a Republican dominated congress to let us down. It’s their specialty. Just like you can trust a democrat dominated congress to stab us in the heart. Harming America is the specialty of the left, and letting them do it unmolested is the specialty the right.
Trump 2016!
Congress is Impotent, they can also just ABOLISH Any Federal Court they wish, remove ANY Judge for whatever reason they want, they refuse to do Anything, and have for years.
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