Trump should UP the court to 11 now while he can since the RATS are already talking about it if/when they get back in power
Posted on 06/28/2018 2:00:27 PM PDT by ding_dong_daddy_from_dumas
In past, I have proposed a solution to several problems, which are:
1) Far too many appellate court cases are sent to the SCOTUS every year, which can only hear a tiny fraction of them. This creates a severe bottleneck. And many of these cases are “crap” cases that should never have entered the federal court system in the first place. But the SCOTUS still accepts them, bumping out legitimate cases.
2) The 17th Amendment, the direct election of senators, was profoundly anti-federalist, turning senators into “free agents” who do not have to act on behalf of their states, who lost a huge amount of power to the national government.
3) District court judges have been asserting control over national policy, which is intolerable, and was even mentioned by Justice Thomas as a major problem.
My solution to these problems is to create a 2nd Court of the United States, *not* of federal judges, but two judges appointed by state legislatures, to terms like their two senators. Resembling the original US senate, they would not determine “constitutionality” of laws, which is what federal judges do, but instead determine “jurisdiction” of court cases.
So when the US courts of appeals send their about 30,000 cases a year to the SCOTUS, the job of this 2nd Court would be to cull those cases that are not *clearly* in federal and constitutional jurisdiction.
If 51 of these 100 state judges ordered a case to be returned to the state, as a state, *not* federal case, it would no longer be sent to the SCOTUS.
And because these judges would be appointed or removed by their state legislature, they would have to be responsive to their state, or when their term was up, they would be replaced.
Congress would have to agree to add new justices. FDR’s court-packing was constitutional but thwarted for a time; then he got new liberal appointments with William O. Douglas and the former Klansman Hugo Black of AL.
Taking a page from FDR who made the court 15. It backfired on him, iirc
Leftists will never be in power in this country again, ever.
“as soon as they take back control of Congress and the White House. “
Let’s hope, this will be “never”
It becomes like a political ponzi scheme. The only way to deal with a bad situation is to make it worse.
Commenters here on this thread seem to think that this can’t happen. They need to remember that this is exactly what Obama did to the DC Appeals Court. It is the reason that Harry Reed got rid of the filibuster rule on judicial appointments. Obama did it and those judges are still there and Trump and the Republicans have let them get away with it. Also, the ONLY reason that FDR was blocked is that some of his own party helped to stop his actions. Do you really think that there would be enough Dems to stop a Dem president from doing this?? NO, this packing of SCOTUS is a real possibility and a Dem President would be under a LOT of pressure to do this tactic.
Yes, for us to up the ante if they do it, but where does that lead? A meaningless, toothless SC, probably.
Well, they just gave Trump this idea. So what’s to stop him from doing it now?
Even FDR’s VP was against his packing.
Most certainly, that would not be the case, should the ‘Rats get back POTUS and Sinate at the same time.
So, are the Democrats thinking of the pillow strategy?
If it worked once, it will probably work five times as well.
Trump should UP the court to 11 now while he can since the RATS are already talking about it if/when they get back in power
Breyer and Ginzzzzzzzzzburg will be gone during Trump’s term. Two more picks.
Too bad, commies.
Note how the Dims are the ones who always want to destroy the Constitution. They are absolutely lawless in every way.
That is my understanding, as well.
Alternate idea: Congress has the power(article 3, section 2) through legislation, to define what jurisdiction lower courts have. Just pass a law that no Court inferior to the Supreme Court has jurisdiction over the constitutionality of Presidential actions, or on acts of Congress. This would eliminate low level judges thinking they can overrule whatever they please.
a switch in time saves 9.
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