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.
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