Judiciary Myths

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Roughsoul1991

Senior Member
Sep 17, 2016
8,784
4,453
113
#1
So, why does the Supreme Court think they can make laws? Congress makes laws. The Supreme court can only judge on existing laws. This is why the Constitution gave the judicial branch the least amount of power. They feared the result that took place in Great Britain where the judge in many cases became almost like kings.

Joseph Nicholson, early Member of Congress, successfully managed the impeachment of multiple early federal judges: “Give [judges] the powers and the independence now contended for and . . . your government becomes a despotism and they become your rulers. They are to decide upon the lives, the liberties, and the property of your citizens; they have an absolute veto upon your laws by declaring them null and void at pleasure; they are to introduce at will the laws of a foreign country…after being clothed with this arbitrary power, they are beyond the control of the nation. . . . If all this be true – if this doctrine is established to the extent which is now contended for – the Constitution is not worth the time we are now spending on it. It is – as it has been called by its enemies – mere parchment. For these judges, thus rendered omnipotent, may overleap the Constitution and trample on your laws.

This is why Congress needs to put them back in their box.
Congress determines the operation of the Judiciary, not vice versa (Congress sets the number of judges and courts; what issues may come before the courts; judges’ salary and compensation; how often the courts meet and the length of their sessions; and just as Congress can establish and set the number of lowers courts, so, too, can Congress also abolish them; etc.)

A country cannot survive if we ignore the majority.

Thomas Jefferson: “[T]he will of the majority [is] the natural law of every society [and] is the only sure guardian of the rights of man. Perhaps even this may sometimes err. But its errors are honest, solitary, and short-lived.

The primary purpose of the Bill of Rights is not to protect the minority from the majority; the purpose of the Bill of Rights is to protect every citizen, whether in the minority or the majority, from the intrusion upon their rights by the government.

In 1875, Congress banned all segregation, but in 1882, the Supreme Court struck down that law. While the Court is often praised today for ending segregation in Brown v. Board of Education in 1954, what the Court actually did, in that case, was only to reverse its own position that had kept segregation alive 70 longer than Congress’ ban.

https://wallbuilders.com/five-judicial-myths/
 

tourist

Senior Member
Mar 13, 2014
41,329
16,309
113
69
Tennessee
#2
The sole purpose of the US Supreme Court is to determine whether or not a law, or a situation in regards to a law, adheres to the principals established in the US Constitution. Unchecked, the court becomes a law unto themselves. I agree with your estimate that Congress needs to put the court(s) back in their box. As it currently stands, the US Supreme Court has the sole authority to decide what cases to hear or for that matter, ignore.
 

Roughsoul1991

Senior Member
Sep 17, 2016
8,784
4,453
113
#3
The sole purpose of the US Supreme Court is to determine whether or not a law, or a situation in regards to a law, adheres to the principals established in the US Constitution. Unchecked, the court becomes a law unto themselves. I agree with your estimate that Congress needs to put the court(s) back in their box. As it currently stands, the US Supreme Court has the sole authority to decide what cases to hear or for that matter, ignore.
Yes but unfortunately either our congress doesn't understand the Constitution or doesn't care. When the Republicans held both the house and senate they could of took those actions but instead they just argued and did nothing.
 

GaryA

Truth, Honesty, Love, Courage
Aug 10, 2019
9,125
3,974
113
mywebsite.us
#4
They like to brag about how they did nothing and got paid richly for it . . . :rolleyes:
 

Roughsoul1991

Senior Member
Sep 17, 2016
8,784
4,453
113
#5
They like to brag about how they did nothing and got paid richly for it . . . :rolleyes:
Yep they dont agree with Democrats but they also fight in their own party. If they played half as hard as the Democrats we would be much better off.
 

Prycejosh1987

Active member
Jul 19, 2020
953
166
43
#6
So, why does the Supreme Court think they can make laws? Congress makes laws. The Supreme court can only judge on existing laws. This is why the Constitution gave the judicial branch the least amount of power. They feared the result that took place in Great Britain where the judge in many cases became almost like kings.
I am British, i don't know how true that is nowadays, i don't think is very true, to my knowledge.