Saturday, June 30, 2012

US Supreme Court Defined by U.S. Constitution

    In view of the Supreme Court's recent decision on the Obama Health Care Law, which I consider to be detrimental to our country's progress, I thought I would take a look at what the Constitution has to say about the Supreme Court.
    Article III of the US Constitution establishes the Supreme Court.
   
Section 1 says the justices shall be paid and that their pay will not be reduced during their "continuance in office". Notice that it doesn't say anything about a life-term. Keep that in mind for future reference.
    Section 2 covers the kind of cases the Supreme Court will handle. Basically, it says that the Supreme Court must handle everything that comes to them. Notice that it doesn't allow any option for the Supreme Court to decline consideration of any case.
    Section 2 makes a distinction between cases. For those involving public officials or states, the Supreme Court will have original jurisdiction. In all other cases, the Supreme Court has only appellate responsibility. This is important, because in those "other cases" Congress has the right to impose on the court "exceptions and regulations".
    Section 2 also says that all "other cases" shall be trial by jury. Notice that it does not say the Supreme Court Justices are allowed to make a judgment only by consideration among themselves, without resorting to a jury. Notice also that this is a grand limitation to the practice in which the US Supreme Court has engaged for many years.
    Section 3, which is the last of the three sections, only covers treason. We have no concern with this at the present time.

    A key point to me is that we can easily dispense with life terms for Supreme Court justices and other federal judges, since that is not part of the U.S. Constitution.
    A second point is that Congress has the right to control the Supreme Court activities in cases not involving public officials or states. I expect in the next election, wherein we will have a Republican-controlled House, Senate and Presidency, Congress will make new regulations concerning Supreme Court activities, including the constitutionally required trial by jury.

No comments:

Post a Comment