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To: RandFan

Congress could reduce the entire federal court system to John Roberts sitting at a card table with a candle.

But Congress has no say over the internal workings of Scotus.

Suck it up Murphy.


6 posted on 07/30/2023 6:28:04 PM PDT by Jacquerie (ArticleVBlog.com)
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To: Jacquerie
Congress could reduce the entire federal court system to John Roberts sitting at a card table with a candle.

Lol! I remember that from college, I think the original comment is attributed to Andrew Jackson after the Supreme Court struck down his Indian Removal Act (which he essentially ignored anyway). He threatened to reduce the Supreme Court to "John Marshall sitting in an empty room with a candle." (he is also reputed to have said, "John Marshall has made his ruling, now let him enforce it" but that was mentioned by Horace Greely decades later so may have been true or not).

But technically he was correct, all the Constitution says is:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

So yes, the Constitution only says that there has to be a Supreme Court and Inferior Courts. So, in theory, all Congress is required to do is establish the Supreme Court with at least the Chief Justice and one or two lower courts with a single judge as well. And since it says nothing about funding other than they have to pay "compensation". They could indeed stick him in a dark room with zero funding for staff or utilities and pay him $50 a year as "compensation".

36 posted on 07/30/2023 11:34:20 PM PDT by apillar
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