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Supreme Court maintains block on entirety of Biden administration's new Title IX rule (www.cbsnews.com)

submitted 2 months ago by [email protected] to c/[email protected]

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[–] [email protected] 13 points 2 months ago (1 children)

The Supreme Court has too much power and Article III of the U.S. Constitution contains the solution. The important part is in the second paragraph below. The Supreme Court, by design, has original jurisdiction only over "cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." SCOTUS has appellate jurisdiction in all cases mentioned in the first paragraph, and here is the critical part, "with such exceptions, and under such regulations as the Congress shall make."

Congress has the authority to take away the court's appellate authority in the vast majority of cases. They could create a Supreme Appellate Court that would decide the vast majority of the cases that SCOTUS now decides. Congress could strip SCOTUS of all authority other than that specifically defined in the Constitution; that of "cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party."

Article III, Section 2

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

As Justice Sonia Sotomayor noted during the oral arguments when SCOTUS overturned Roe v. Wade:

“there’s so much that’s not in the Constitution, including the fact that we have the last word. Marbury versus Madison. There is not anything in the Constitution that says that the Court, the Supreme Court, is the last word on what the Constitution means. It was totally novel at that time. And yet, what the Court did was reason from the structure of the Constitution that that’s what was intended.”

Each branch of government is supposed to be a check on the power of the others. The Legislative and Executive branches are not powerless against the current court, except for the fact that the Republicans in the House and Senate stand in the way of meaningful reform. Vote blue at every level if you want to save this country. Because right now we have a royal court backed up by the GOP in the legislature that is really ruling the land and that's the only way we will ever change it.

[–] [email protected] 1 points 2 months ago

Congress has the authority to take away the court’s appellate authority in the vast majority of cases

Yeah, in theory, but that'll happen roughly never. Congress is far too focused on decorum, and tradition, and making insider stock trades to enrich themselves to pull their collective heads out of their own asses to pass even basic, simple, required and popular laws never mind spending time to fix other branches of the government.

I don't want to veer into the failed state crackpottiness or anything, but even an actual insurrection invading the capitol didn't get them to do anything so I'm at a substantial loss as to what could possibly motivate congress to you know, legislate.