Adding new states is not unconstitutional, it has been done before.
Adding seats to the Supreme Court is not unconstitutional, it has been done before.
Wait a minute. Who said it was?
FDR tried to pack the court but the Senate stopped him in 1937.
Or am I missing something?
“Adding new states is not unconstitutional, it has been done before.”
Contitution, Article 4, sec 3:
New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
So the allowing of any state to split is at the hands of both houses of congress. And with the obvious distancing of the houses, it may make it through the house, but probably not through the senate.
Adding seats to the Supreme Court is not unconstitutional, it has been done before.
The U.S. Constitution does not define the size of the Supreme Court. After the Judiciary Act of 1869, sometimes called the Circuit Judges Act of 1869, a United States statute, provided that the Supreme Court of the United States would consist of the chief justice of the United States and eight associate justices, no new seats were changed. Adding justices to the court has been attempted during the FDR effort to try to pack the court for rulings on his new deal. The C.J. Act of 1869 remains the accepted practice of the court size today. So yes it’s been done before, but the effort was slammed shut with a no go even by FDR’s vice president to change the C.J. Act.
rwood
They have pushed the idea the Constitution is a "living document" to turn the Constitution into an effective nullity.
They have primarily been successful in this endeavor by the appointment of Progressive justices through democratic practices, because the founders did not envision a mass media dominated by a philosophy antethical to the idea of limited government.
It is quite possible to use Constitutional means to destroy the Constitution, as intended.
So is expelling them.