Tuesday, July 5, 2022

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.

No comments:

Post a Comment