Supreme Court Checks

The US has a minority, rogue, Supreme Court that is setting an agenda against the will of the people. Alexander Hamilton in Federalist 78, said the judicial branch and Supreme Court was the weakest branch. It had only the "power of the pen" not the power of the purse or military. So do not be sad, do not worry, there are choices and ways to check the Supreme Court: 1) Constitutional amendment-hard to do-even Flag burning amendment failed after Texas v Johnson. Requires 2/3 vote of Congress and 3/4 of State legilatures or conventions. Won't happen on this any recent court decisions recently. 2) Impeachment-House can do-Cases can be made for Thomas, Gorsuch, Kavannaugh and Comey Barrett. Har to prove lying and need 2/3 of Senate-67 votes, will not happen. 3) Increase size of court. Last time was changed was to 9, 9 circuit courts, 9 justices. The theme today is 13 circuit courts, 13 justices. Requires 60 votes to stop fillibuster in Senate. House can approve, Senate will not. 4) Congress cannot change salary of existing justices but Congress can change funding for staff, administration. Hurts all sides and not effective with change. 5) Congress can pass a law for example codifying Roe. or changing Civil Rights. Can require 60 votes in Senate, House will pass. Issue is Supreme Court could strike down law, change law. 6) Congress can add courts, another level. Congress can add administrative courts. Cobgress can take away courts, change districts, change circuit courts. Congress created lower courts, they can abolish or change them. House can pass, Senate needs 60 votes. President and States do not have to enforce the laws. Maine does not have to do what Supreme Court said and give taxpayer money to private schools. Federal Government does not have to obey WVA v EPA ruling and just enforce as they want. The President and States enforce laws, the Supreme Court has no power here. See Brown, the President sent troops to enforce. If he did not, the States win. See Jackson in the Trail of Tears case, he ignored the Supreme Court decision. 7) Congress can change jurisdication for the appellate cases the Supreme Court case hears. For every law, Congress passes, they can add a section, Supreme Court cannnot decide this case. You can do this for any law. In article 3, section 2, the exceptions for appellate jurisdiction is up to Congress. Congress can codify Abortion, Health care, Voting right and then state Supreme Court has no jurisdiction-it is in the Constituion. It has been done in the past. Best solution. Now all of the problems in passing laws are in the Senate. The fillibuster is not in the Constitution. It is there for Southern Democrats against removing Jim Crow laws or slavery,. I do suggest getting rid of the fillibuster. I live in AZ and the House and Senate is evenly splet but Republicans have slight majority. They are passing draconian measures but they have one seat lead in Senate and can do-no fillibuster. This is normal in most states. The Senate can end the fillibuster forever or based on a concept-voting rights, womens rights, abortion, gay rights. An exception for one vote can be done. If the Sentate votes on any bill, it must RESTRICT the jurisdiction of the Supreme Court-even revenue bills. Any bill. The Supreme Court would get rid of Social Security, all agencies, womens rights, gay rights and maybe even Federal Reserve, banking, commerce laws. They want to go back to 1800s, so any law passed must have this-Supreme Court has no jurisdiction to review. It is in the Constitution in Artilce 3-no denying this. It must be followed. Any Republican Congress can do the same, but it is a solution to codifying Roe, Obamacare, Civil rights, voting rights. It is best way.How to pass it? End the fillibuster. End Fillibuster now. End minority rule. It is minority rights, majority rule.

History of Supreme Court-Mostly conservative activism

All I hear from Conservatives is that the Supreme Court is so liberal and has been so liberal for so many years. Liberals use Judicial activsm. Judicial activism is a dirty word. Looking at the Constitution today and not as the founders wanted is frowned upon. Well, looking at history, we have ONLY had 30 years of a liberal to semi liberal court-: 1955 to 1985. The rest of the time, we have had Conservative justices and conservative activsm. In the 1800's, the Marshall Court-would not say liberal but established Judicial Review and power of the Courts. We have Marbury v Madison and McCulloch v Maryland which basically state we have judicial review and implied powers. Important, crticial cases but non controversial.In Worchester v GA, Supreme Court struck down GA law infringing on Nativa American rights and the court followed US treaty law-not liberal, but conservative holding up US laws/treaties. PS Andrew Jackson did not enforce ruling and let Trail of Tears happen-said the Supreme Court could enforce their own laws-which they can't. Later, we got Dred Scott and allowing slavery, Corporations got individual rights using the 14th Amendment by our Conservative courts and Plessy v Ferguson and upholding Jim Crow laws. Chinese Exclusion laws allowed. The Courts helped business and the rich, did not make any cases helping people. Many decisions seen as activist and conservative In the early 20th century, the Supreme Court allowed Child Labor, ruled against state laws for pay requirements and hours or economic cases. Workers lost all cases during this time. We get Schneck v US, Gitlow v NY which allow restrictions on speech and government restrictions in war time. We get Buck ve Bell with disallowing people with low IQ having children-ps this is still in force. Always ranked one of worst cases decided ever. 1930's we got the Supreme Court upholding Roosevelt's New Deal as it applies to commerce clause and taxing clause and implied powers. These were conservative jusdges but these laws could be overturned by the current court as they do not believe in precedent, commerce clause and implied powers. This court did give us Korematsu and other cases limiting Japanese American Rights, limiting African American Rights. What did the Liberal Courts give US: Desegregation of Schools with Brown v Board of Education, school prayer removed withe Engel v Vitale, Miranda Rights, Right to an Attorney paid by States in Gideon, Brandenburg V Ohio and speech rights as long as it does not cause a riot or immenent harm, Right to Privacy in Griswold, Right to interracial Marriage in Loving and womens rights in pay, equality in multiple cases in the 1970's won by Ruth Bader Ginsberg. THe Court turned right in 1980 under Reinquist but we did have some cases that helped liberals-Texas v Johnson and flag burning was allowed, Roe V Wade was upheld but States were allowed to put restrictions with the Casey v Planned Parenthood, Restrictions of school rights in Bethel v Fraser, Veronia Schools. The Court got more conservative in 1990's and 2000s. Rights in schools were removed or limited again in New Jersey v TLO, Gay Rights were expanded by 5-4 majorities with Bowers v Hardwick overturned and Obgerfell and Windsor allowing gay marriage. The Supreme Court decided a Presidential election in 2000. The Court allowed torture and restricting Writ of Habeas Corpus rights and taking away rights of privacy upholding the Patriot Act. The court restricted abortion and upheld state restrictions. The Conservative Court has changed the meaning of the second amendment and giving people an individual right to own a gun-activism breaking 200 years of precedent. They gave Corporation more rights-right to speech with Citizens United and Religious rights with Hobby Lobby. They have reduced Roe v Wade, limited Voting Rights-Shelby states there is no more discrimination in the US, allowing poll taxes and voter restrictions, the court has limited criminal rights with Miranda and helping police. Overall the Conservative Courts have allowed slavery, Jim Crow laws and laws upholding discrimination against Blacks, workers and women. Conservative courts have given Corporation Rights with religion and speech, have given the right to own guns-including owning almost all guns plus removing safety concerns or public safety laws by State. Conservative courts have gone againts Voting Rights, victims rights and allowing relgion and prayer in schools. Conservative courts are helping to dismantel public education with private edudation. Conservative courts are going against precedent with government regulations in the Executive Branh. Conservative justices are just as or even more activist than liberal courts and judges. Conservative justices do not have a problem contracting themselves, using originalism, precedent, restraint and making up rules and laws. The Conservatives do not use the Federalist Papers or text of the Constitution-or they selectivly pick parts not the entire document. Corporations are people? really? Money is speech? Really? 14th amendment applies to Corporations?Really? Discrimination in US does not exist? Really? Separation of Church and state does not exist? Really, if no, what does the First amendment say? If No, the Court is ready to let States have a state religion? The Conservative justices are ruling on their politics and beliefs. They are contracting themselves in rulings in one week. They are forgetting the Constittuion. his is activism! This is the Supreme Court run amok. We have had 216 years of Conservative rulings-mostly bad and terrible and 30 years of Liberal rulings. Which ones do you like? prefer: In no set order or reaons-just liberal and conservative: Dred Scott v Sanford or Brown v Board of Ed? Plessy v Ferguson or Gideon v Wainright Buck v Bell or Griswold v CT? Korematsu v US or Miranda v AZ Bush v Gore or Loving v VA? Citizens United or Tinerk v Des Moines SUSD Lochner v NY or Obgerfell v Hodges? Schneck v US or Baker v Carr Miller v US or DC v Heller? There are more bad cases than good cases. The Supreme Court has got more wrong than right. We are losing trust for a reason. It is a political instittuion now. Not due to leaks but poor law, poor decisions, poor reasoning, poor background, poor politics. We get what we sow. The 2016 election has consequences and we will have them for 50 or more years. But realize, the Court has mostly been conservative. Rule by white males-conservative and not using the law. I am scared of the future. I am scared of the next term. What will the court do or undo? What precedent will they overturn?