Republicans Step Up Attacks on Judiciary

Reuters ^ | 4/8/05 | Alan Elsner

[Condor51]

A question from the back of the class: If Congress may from time to time ordain and establish inferior courts (heh, heh), does this not imply that Congress may from time to time DIS-establish and UN-ordain said courts?

As you already have been advised the answer is ...YES

However, what's not been noted is that's it's already been done. Here's a little something on the Federal Courts in 'our' favorite state, CA, the perennial land of fruits and nuts (Freepers excluded)

U.S. District Courts of California, Legislative history

• March 2, 1855 -- 10 Stat. 631
  This act established the U.S. Circuit Court for the California Circuit and repealed the authority of the California district courts to exercise the trial jurisdiction of a U.S. circuit court, although they continued to exercise appellate jurisdiction in certain cases involving land claims.

• March 3, 1863 -- 12 Stat. 794
  This act abolished the California Circuit, established a Tenth Circuit consisting of the judicial districts of California and Oregon, and eliminated the remaining appellate jurisdiction of the district courts of California.

There's much more but you get the idea. It later goes on as to the establishment of the 9th Circus, oops 9th Circuit.

Also in 1801 the outgoing Federalists in Congress reorganized the Federal Courts in their favor (allegedly) and then within thirteen months, a new Congress with a majority of Jeffersonian Republicans repealed the controversial Judiciary Act of 1801 and reorganized the federal court system in the Judiciary Act of 1802, which preserved the system of six numbered circuits but abolished the separate judgeships.

And lastly we have President Andy Jackson who said (allegedly) upon hearing of an 'unfavorable' ruling by Chief Justice John Marshall; "John Marshall has made his decision - now let him enforce it!"

So as you see the Federal Courts are not all powerful, Congress and "us" have let them believe they are.

[bert]

The smoke is getting pretty intense.

The falmes are bound to appear pretty soon. Roasted rat stinks pretty bad but its got to be done.

[GrandmaC]

I saw this on Drudge.

Very Sick - They must be getting nerveous. Keep it up Tom Delay