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To: Noachian
That's because they're an unelected body, and don't care what the people think. Had the Founding Fathers foreseen the abuses of SCOTUS power those Justices would be accountable to the electorate today. That's a mistake that will be hard to correct even though the people have the constitutional power to change their government via amendments.

It the time of the Founders, the Supreme Court had little actual power, which President Andrew Jackson demonstrated to the Supremes when they issued Worcester v. Georgia (1832)

In that decision, the Supremes held that Georgia had no right to evict the Cherokees from their land in Georgia. President Jackson then issued his famous response: "[Chief Justice] Marshall has made his decision -- now let him enforce it". The Indians were moved in defiance of the Supremes

The reason Jackson could do this is that he had the ability to immediately fire any executive branch employee who did not do as he was told by Jackson. This meant that in a conflict between Jackson and the Supremes, Jackson won -- the Supremes did not command any bayonets. The Civil Service acts later changed this balance of power in favor of the courts.

That Supreme Court decision held that

11 posted on 09/06/2003 8:20:43 PM PDT by SauronOfMordor (Java/C++/Unix/Web Developer === needs a job at the moment)
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To: SauronOfMordor
The Civil Service acts later changed this balance of power in favor of the courts.

And as the years went by the High Court has accumulated more power until today they have become a law making body that some say surpasses both other branches of government. They're unelected so they are unaccountable to the people, and have carte blanche to do with the Constitution as they please. This is despotism.

The fact that the liberals in Congress excuse the activism on the Court instead of taking them to task as they have the power to do means that the people have no defense against a rogue Court. Without the Congress the people cannot stop the Courts extremes. Neither the Senate nor the Executive branch will act against the Court, so the people are now subject to a despotic Court. This is not what the Founders intended.
14 posted on 09/06/2003 9:15:16 PM PDT by Noachian (Legislation Without Representation Is Tyranny)
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