Reminder that getting control of the house and senate could make stuff like this potentially get through
This proposal is not only one that expands the number of justices over time but alter things like the court’s shadow docket, require justices to release tax returns, and more
That would require a constitutional amendment, and with a change that radical, it would pretty much require a new constitution.
It wouldn’t. They gained that power by saying they have it, but it isn’t specifically granted. We just continue to assume they’re correct, and that they’re the ones who get to decide if they’re correct, but we don’t have to.
Judicial Review is the term to look for if you want to learn more.
Article III, Sections 1 and 2 grant them jurisdiction of all cases that arise under the constitution. That seems pretty straightforward to me.
SCOTUS doesn’t get to act where another government entity has provided an interpretation of the constitution unless someone disagrees with that entity’s interpretation. That disagreement is a “case”, and Article III is very clear that SCOTUS and the rest of the judicial branch is empowered to decide all “cases”.
Why? No where in the constitution does it say the Supreme Court has exclusive rights to interpret the constitution.
Please use the word “powers”. The government does not have “rights”.
The clauses you say don’t exist are Sections 1 and 2 of Article III.
It’s not a power outlined in the constitution. The Supreme Court assigned it themsleves as their right.
Ok, please explain to me what powers are conveyed, and to who, in Article III, Sections 1 and 2, because we clearly have wildly different understandings of their meaning.
https://constitution.congress.gov/browse/essay/intro.6-2-5/ALDE_00000034/
Oops, I’m not making this shit up. Darn.
Civil tongue, please.
It seems to me that any disagreement as to who should be interpreting the constitution would be a “[Case], in Law and Equity, arising under [the] Constitution, the Laws of the United States…”
Sections 1 and 2 do, indeed, empower someone to address such a case, such a disagreement: the “inferior courts” and the “Supreme court”.
If you have no disagreement, you can let your HOA or the local parks and rec department interpret the constitution for you. It’s only when you have a disagreement that anyone cares who has that power, and in such cases, Section 2 says that SCOTUS has jurisdiction to rule on that case.
I’m not saying the judicial branch has no stake. I’m just saying they have overreached and the power they been allowed needs to be hampered.
Ok, I am having great difficulty understanding what you’re talking about. Can you name a government entity, and describe a scenario in which that entity should be considered the appropriate party to interpret some part of the constitution?
Barring that, can you demonstrate how they have overreached? A specific scenario, real or hypothetical, where SCOTUS claims, but should not have jurisdiction?
Barring that, can you describe what exactly should be done to “hamper” their powers?
Barring that, can you go back to Sections 1 and 2 and explain what they mean in your own words? I do not agree with the claims and conclusions of the anonymous author who wrote the essay you cited.