It was my understanding that the Supreme Courts’ only job was to determine if the laws and regulations passed by Congress or executive order by the President were constitutional and everything else was to be done by the state courts.
Well, they have never done that in my lifetime and became a rubber stamp for FDR not because they thought what he was doing was constitutional but because he threatened to stack the court if they didn’t.
So much for the honor and separation of the court.
Change The SCOTUS Lifetime Rule
The Supreme Court appointees should be limited to a seven-year term plus one potential reappointment at the behest of the President and subject to congressional approval.
Their terms should overlap presidential elections and each justice’s term offset from the others, so a new President can’t just clear the court immediately. If a justice dies in office the new appointee will fill out that term with two potential reappointments available to him. The court should be reduced to six associate justices and chief justice.
The lifetime appointment was created to take politics out of the judiciary, that’s not working.
Thomas Jefferson Warned Us
Anyone concerned about the Supreme Court’s power grab should be reminded of Thomas Jefferson’s Poignant warning, which he wrote in 1821 to a friend.
“It has long, however, been my opinion, and I have never shrunk from its expression . . . the germ of dissolution of our federal government is in the constitution of the federal judiciary: an irresponsible body, working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction until all shall be usurped from the States, and the government of all be consolidated into one,” Jefferson wrote.
“To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated,” Jefferson said.
John Roberts Is The Catalyst
Justice Roberts twisted law into a pretzel to get ObamaCare passed as he feels (from what I read) that it was his duty to make laws passed by Congress work since they are the will of the people. The Republicans assume they could let ObamaCare pass, and the SCOTUS would stop it.
Obviously this did not work. Now you have Roberts reinterpreting laws passed in 1964 to change the meaning of words, i.e. sex, to fit a new modern definition,
This could be used to the conservative’s advantage in regards to the Second Amendment since the amendment says the right to keep and bear “arms” shall not be infringed. Well, arms nowadays encompass more than the rifles and so forth used in the 1700s. Therefore, law-abiding citizens should be allowed to bear the same arms as any modern soldier can.
The point is, though; the Republicans can not use the strategy of kicking the ball to the SCOTUS and think because they appoint so-called conservative judges that the correct result will be obtained. They need to come up with a new strategy.
SCOTUS Needs Fixing Sooner Rather Than Later
The U.S needs a new constitutional amendment to overwrite or nullify insane unconstitutional Supreme Court rulings. Either by a supermajority of the senate or majority of state legislators. The Supreme Court should not be allowed to rewrite the constitution with every new decision. People write the Constitution, and only people have the right to amend it, not the Supreme Court.