« 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: De_Composed in GRITZ | Recommend this post (1)
Fri, 16 May 25 6:38 AM | 8 view(s)
Boardmark this board | Grits Breakfast of Champeens!
Msg. 08391 of 08413
(This msg. is a reply to 08387 by monkeytrots)

Jump:
Jump to board:
Jump to msg. #

mt:

Re: “The structure, jurisdiction, and number of these lower courts are left to Congress's discretion.”
Good catch. Congress can set up as many lower courts as it wants, but they're inferior. The SCOTUS can rule that what those courts have done is outside the realm of an "inferior" court. The excerpt you've provided seems to back THAT up.





- - - - -
View Replies (2) »



» You can also:
- - - - -
The above is a reply to the following message:
Re: SCOTUS Zig-Zags on National Injunctions Vs. Democracy, Birthright Citizenship
By: monkeytrots
in GRITZ
Fri, 16 May 25 6:05 AM
Msg. 08387 of 08413

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.


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