Thursday, November 22, 2018

Political Judges, Democracy & History

As a (Self-declared) "Avocational Historian" I know that the Founders of our Republic were in favor of England's parliamentary system. Their primary "problem" with it was that Americans were not allowed representation in the House Of Commons.

I also know that the Founders were a product of a system in which the Legislative branch was developing towards total control of government and The Law.

That, sort-of democratically elected, Parliament did give some authority to the "Law Lords; But that power was limited to reviews of court decisions and did NOT extend to legislative acts.

It appears that the Founders established SCOTUS to take the place of those "Law Lords" in a new nation which, very especially,. rejected nobility.

 In the first years of the USA SCOTUS was a "very dull place" with one Justice resigning for wont of work or mental stimulation. 

Chief Justice Marshall's premeditated-and-engineered decision in Marbury Vs. Madison took power and authority away from the People who (Then indirectly) elected POTUS and US Senators and, more directly, the Members of the House of Representatives and gave it to Federal Judges who were 
not readily subject to democratic reviews and, if needed, sanctions on their acts. (The sanction of removal from office of Federal judges has been had only
eight times since 1789.)

Chief Justice Roberts denial of "political judges" is also a pathological (And political) denial of reality.

It appears the The Congress has the authority (Under Article-III, Section-2, Second paragraph of our Constitution) to "regulate" the Federal Courts.
It also appears that we are facing a two-year delay (ie Until the GOP regains control of The House after its, less than recently average, losses in the 
2018 midterm election) in allowing the limitation of Federal district court authority over the President decisions and acts to their own districts AND to case in which they have physical jurisdiction.  After 1 January 2021 it may be proper to also amend our Constitution to some variation of:

A. Any judicial decision limiting or overturning an act of the Congress as executed by the President is limited to the judicial district or circuit in which it was made until confirmed by The Congress or The Supreme Court Of The United States; B. All decisions of the courts of the United States shall use the intent of the authors of Constitution, its amendments and the Laws of the United States as the basic authority and source for such actions. (These provisions return constitutional power to the People and their democratically elected representatives as taken from them by individual or small groups of unelected judges. It would also suppress judges "making law (And, amending the Constitution!) from the bench")

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