The Supreme Court Is Much Too Powerful

[rangerrebew]

The Supreme Court Is Much Too Powerful

 
07/10/2018Ryan McMaken

The current frenzy over the vacancy on the Supreme Court in the wake of Justice Kennedy's retirement highlights just how much power has been centralized in the hands of a small number of people in Washington, DC.

The left has grown positively hysterical over the thought of yet another Trump-appointed judge being installed, who could potentially serve on the court for decades. Right-wingers who claim the left is overreacting, however, are unconvincing. One can only imagine the right's reaction were Hillary Clinton president. She would have already had the opportunity to appoint Scalia's replacement, and we might now be talking about her nominee to replace Justice Ginsberg.

https://mises.org/wire/supreme-court-much-too-powerful

[Bigun]

 

[TomSea]

This is really along the same theme as the Cal Thomas editorial, Alexander Hamilton said the SCOTUS was not meant to be some powerful entity.

In Federalist No. 78, Hamilton said that the judiciary branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society. It may truly be said to have neither FORCE nor WILL, but merely judgment “


https://www.washingtontimes.com/news/2018/jul/11/the-judicial-mindset-of-brett-kavanaugh/

[Cyber Liberty]

This is really along the same theme as the Cal Thomas editorial, Alexander Hamilton said the SCOTUS was not meant to be some powerful entity.

In Federalist No. 78, Hamilton said that the judiciary branch of the proposed government would be the weakest of the three branches because it had “no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society. It may truly be said to have neither FORCE nor WILL, but merely judgment “


https://www.washingtontimes.com/news/2018/jul/11/the-judicial-mindset-of-brett-kavanaugh/

Unfortunately the SCOTUS arrogated the power to themselves about five minutes after Hamilton wrote that.  To the detriment to everybody but lawyers, as has been proven time and again on these threads.  They love it, because they can use court decisions to distort the clear words in the Constitution.

[Fishrrman]

"The Supreme Court Is Much Too Powerful..."

... because WE LET IT BE "too powerful".

That can be corrected.

[endicom]

It comes back to the size of government. With a smaller government and fewer laws, what would the courts have to rule on?

[Cyber Liberty]

It comes back to the size of government. With a smaller government and fewer laws, what would the courts have to rule on?

Dittos to that, concerning Lobbyists.  Without thousands of pages of regulations in the Register, there would be no reason for rent-seekers to lobby Congress and the bureaucracies.

[To-Whose-Benefit?]

"The Solution: Mock the Court and Seek to Undermine It"

Dear Mr McMaken;

Go perform a physical impossibility on yourself.


The Solution is to pack it with Originalist, Textualist Justices.

A SCOTUS so constituted will over time dismantle and scuttle most of its previous activist decisions, which in itself will draw the Court's fangs and bring it back more in line with Hamilton's vision.

[IsailedawayfromFR]

"The Supreme Court Is Much Too Powerful..."

... because WE LET IT BE "too powerful".

That can be corrected.

Absolutely.

The Founders wrote a Constitution which limited the role of the Judicial in favor of the Legislative Branch.

It is Congress which is allowing the Judicial to usurp its authority and obligations.

[Cyber Liberty]

Absolutely.

The Founders wrote a Constitution which limited the role of the Judicial in favor of the Legislative Branch.

It is Congress which is allowing the Judicial to usurp its authority and obligations.

That's because Congress (both Parties) actually want those policies, and are perfectly happy to let the unelected courts do their dirty work for them.

[Bigun]

That's because Congress (both Parties) actually want those policies, and are perfectly happy to let the unelected courts do their dirty work for them.

@Cyber Liberty

That's because WE have allowed James Madison ' s worst fears to come to fruition.  Lawyers control every facet of this once great republic now.

[Cyber Liberty]

@Cyber Liberty

That's because WE have allowed James Madison ' s worst fears to come to fruition.  Lawyers control every facet of this once great republic now.

Correct.  1803, Marbury v. Madison.  The ink was barely dry on the Constitution and Bill of Rights when the SCOTUS decided it was actually to be the most powerful Branch of the government, and Congress failed to exercise it's authority.  They were more than happy to let the courts do the lifting for unpopular policies.  The corruption goes that far back.