June 13, 2008

Supreme Court Power Grab

From the Constitution, Article III:
Section 1. 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. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Seems pretty clear to me that Congress is intended to be a check on the Court; the Supreme Court is not intended to be a law unto itself.

Yet in the Guantanamo case, Congress passed legislation denying the Court jurisdiction. The Court (blatantly, flagrantly IMO) disregarded it.

Perhaps unnecessarily since an Obama presidency is likelier than not, and McCain wants to close down Guantanamo.

Unnecessarily, that is, except to grab power for themselves.
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I'd give more credence to Scalia's dissent if he hadn't produced similar tortured logic to allow the Feds to attack medical marijuana.

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