Has stripping the Supreme Court of power really been considered?

Question

If so, who proposed it? What a shame that someone would suggest such a proposal that contradicts the symbol of the United States.

Answer 1

I don't know, But they SHOULD be.

Answer 2

Friar Chuck is unfortunately completely wrong. Again.

Since the Roman Courts of Justinian and the Common Law courts of England, it has been the job of judges and justice to interpret the law. As part of that process, they create what is called "common law".

Common law is the body of interpretations, decisions and clarifications that arise from judicial opinions. If the opinions of judges and justices we're binding as law, roughly 90% of the actual law in this country would cease to exist. Along with it, any concept of stability or consistency in the legal system, if you couldn't depend on prior/higher court rulings to still be binding authority.

The authority of US Supreme Court to interpret and enforce the constitution is found in Article III. The power to declare lower laws unconstitutional is implicit in the Supremacy Clause (Article VI). Those won't change short of a Constitutional Amendment. And for those (like Friar Chuck) who keep making irrational arguments about the states not being bound by Constitutional requirements, read the Supremacy Clause again.

The authority of the federal courts, as set forth in Article III of the Constitution, extends to all cases and controversies arising under the Constitution, the laws enacted pursuant to it, or any actions commenced against the government or government officials. The 11th Amendment put some limitations on actions against state governments in federal court, because by that point there were sufficient state courts to do the job.

It's really laughable how many people complain about activist judges, right up until he point where their own civil rights are being trampled. And then they are very grateful that the courts have the power that they do to prevent abuses of power.

Too many Conservatives seem to hate the US Supreme Court whenever they limit the Religious Right from imposing their morality on everyone else. But they don't seem to object to those decisions that come out in their favor. It's the JOB of the Supreme Court to provide checks and balances on Congress and the Executive Branch. That's what it was created for.

Unless you want to go back to a tyranny ruled by the Church, people should not be so quick to throw away the concept of judicial oversight.

Answer 3

Not stripping but stopping them from making law.

They are suppose to only rule on if a prior court ruling is constitutional or not. They have long since started making law going for past what their job was suppose to be. What is being looked at is putting the supreme court limited back to what thier job was suppose to be.

Answer 4

pig, you are a pig.

Our system is one of checks and balances. Someone wants to get rid of the balances!

Why do you think that is!

We are becoming a dictatorship led by a Fascist!