WASHINGTON — A group of 33 law professors, former state supreme court justices and practitioners are urging the attorney general and the heads of the Senate and House judiciary committees to consider four changes in the operation of the U.S. Supreme Court, including regular appointment of justices and the involvement of appellate judges in the selection of cases to be decided on the merits. Read article
The Federal Courts, including the Supreme Court have been instrumental in the progress made by the socialist movement within government over the years. Most of the socialist features that permeates our culture have been brought about through court rulings rather than legislative actions. In practice, there is little of the “checks and balances” so important to the proper functioning of government that have been considered applicable to our court systems.
Since the Supreme Court appointed itself as the sole interpreter of the Constitution, there has been no checks on its decisions. Most people accept the idea that Supreme Court decisions cannot be corrected short of an amendment to the Constitution. The Constitution establishes the Supreme Court and the Federal court system in Article III, setting judge’s tenure in office “during good behavior”. Article II, Section 2, grants to the President the power to appoint judges and justices with the advice and consent of the Senate.
The condition of tenure, “during good behavior” indicates their susceptibility to impeachment and removal from office for malfeasance, dereliction of duty, official misconduct, or incompetence. The fact that most members of Congress are not interested in preserving the Constitution does not change the fact that they have the power to do so if they desire.
While at first glance the suggestions of the 33 professors mentioned in the above article might appear to have some merit, this is a proposal that should undergo close scrutiny by the public before serious consideration. Perhaps before adding another layer of legislation or changing the structure of the Supreme Court in order to correct its defects, we should first utilize the remedy given to us by the Constitution, impeachment and the balance of power between the three branches.