Supreme Court History/Law Lesson

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Roughsoul1991

Senior Member
Sep 17, 2016
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#1
So I have been wondering this for quite some time. Why do we put up with the unconstitutional rulings of the Supreme Court? It is not legally binding and they are not legislators. Even the President doesn't have to enforce it. If you want to pray in school as teachers then honestly if you know just a little bit of American history, the Constitution, and the judicial powers of the Supreme Court then you would know, that decision should have been ignored and in fact, the people of that day should have held the court accountable by multiple different ways.


Section 1 of Article 3 of the Constitution says:


"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, ..."


Good behavior isn't a life appointment. For example,
This means that the justices hold office as long as they choose and can only be removed from office by impeachment. The only Justice to be impeached was back in 1805, when Associate Justice Samuel Chase–who was appointed by President George Washington–was accused of allowing his political views to interfere with his decisions and “tending to prostitute” the court and his position.


The high crimes and misdemeanor was the misdemeanor for allowing his political views to interfere with his decisions.


For impeachment,


The majority of the House needs to approve an indictment, which is basically, a formal accusation to impeach. Because no controlling authority defines "high Crimes and Misdemeanors" (other than Constitutionally agreed-upon crimes like treason and bribery), members of the House ultimately decide their own standards for impeachment.


Moving past that debate, once articles of impeachment are passed, the U.S. Senate holds a trial to determine whether or not the removal of the justice is reasoned and appropriate.


Another way to hold the Supreme Court accountable,


A congressional override is the legislative equivalent of a higher court overruling a lower court decision. To enact an override, Congress passes a statute that clarifies or reverses a court’s application of a federal statute. Congress’ authority to do this rests in Article 1, Section 1, of the Constitution, which vests all legislative powers in Congress.


A few other ways,


The Framers also granted Congress the power to regulate the federal courts in numerous ways. For instance, Article III authorizes Congress to determine what classes of “cases” and “controversies” inferior courts have jurisdiction to review. Additionally, Article III’s Exceptions Clause grants Congress the power to make “exceptions” and “regulations” to the Supreme Court’s appellate jurisdiction. Congress sometimes exercises this power by “stripping” federal courts of jurisdiction to hear a class of cases. Congress has gone so far as to eliminate a court’s jurisdiction to review a particular case in the midst of litigation.



https://thefederalist.com/2019/03/22/supreme-court-not-final-say-constitution/