Posted by
Tim Blessing on Thursday, July 03, 2008 8:25:48 PM
SUPREME COURT APPOINTMENTS.
I do not know of any section of the Constitution that says the number of Supremes has to be 9.
I know from a general reading of history this number has gone up and down.
I suppose Congress could pass a bill along the lines of increasing the number to 100 if they wanted to.
I am no Constitutional Scholar, but I do know that Courts in other democracies do not have the same power as our judges.
Where does the power of judicial review come from? Marbury vs. Madison in 1803 or thereabouts.
It was an invented power of the Marshall Court, but the Constitution is silent on Judicial Review as far as I know.
Is the Supreme Court a coequal branch of government? It is a creature of the executive by appointments and it is a creature of the laws of the Congress and Senate Confirmation.
The Framers did not totally explore the roles of the court. Outside of the Electoral College, it is the least defined area of Government.
The Supreme Court is a Committee of Review that appear's to have a veto in our system on laws, but does it have the power to write legislation.
Roe v. Wade being the prime example.
In essence, Judges have caused some big problems: Dred Scott (Civil War), Plessy v. Ferguson (segregation), and on several other issues.
I say appoint some people who are not prior judges or lawyers to the Supreme Court.
Constitutional Scholars maybe.