« GRITZ Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next

Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship 

By: monkeytrots in GRITZ | Recommend this post (2)
Fri, 16 May 25 6:05 AM | 15 view(s)
Boardmark this board | Grits Breakfast of Champeens!
Msg. 08387 of 08414
(This msg. is a reply to 08384 by De_Composed)

Jump:
Jump to board:
Jump to msg. #

Actually, DE - You are completely wrong on this issue.

The Constitutional Authority of CONGRESS is clear about the lower courts. The CONSTITUTION grants no such equivalent authority to the 'supreme court'.

The U.S. Constitution addresses Congress's authority to establish lower federal courts in Article III, Section 1. It states:
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

This means Congress has the power to create and organize lower federal courts (referred to as "inferior Courts") as needed, while the Supreme Court is explicitly mandated by the Constitution. The structure, jurisdiction, and number of these lower courts are left to Congress's discretion.

SCOTUS can render/judge decisions of lower courts, but the 'ordaining and establishing (which includes structure, jurisdiction/limitations, and number) is explicitly delegated BY THE CONSTITUION to Congress.


Separation of powers is foundationally important - and what you propose violates that separation, big time. Scotus would be USURPING power explicitly delegated by the Constitution to Congress.




Avatar

Finally, brethren, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, whatsoever things are lovely, whatsoever things are of good ...


- - - - -
View Replies (1) »



» You can also:
- - - - -
The above is a reply to the following message:
Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship
By: De_Composed
in GRITZ
Fri, 16 May 25 5:41 AM
Msg. 08384 of 08414

mt:

Re: “Congress, and Congress alone (with Presidential final yeah/ney input) has the CONSTITUTIONAL AUTHORITY to set up 'lower courts' and what they can do. NOT THE SCOTUS.”
Clearly, that's not right - because while Congress can ATTEMPT to set up lower courts and what they can do, the SCOTUS can say "Oh no you don't!"

Indeed, the SCOTUS is the only governmental body that can look at the lower courts that Congress established (and a prior President signed) and state that those courts have exceeded the authority Congress bestowed upon them long ago and which the SCOTUS of long ago approved. The SCOTUS of today can say "We (and the law) do NOT permit lower (i.e. "limited") courts to issue injunctions with national scope." And I sure hope that's what they say.






« GRITZ Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next