Constitutional Amendment to fix the Supreme Court

Kondor3

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...It stopped working in 2016.
No, it still works; it just doesn't work at-present the way that the Dems want it to.

Perhaps Senator Harry Reid (D)(Nevada) should not have used the nuclear-option on the 60-vote majority for confirmation, after all?

In any event, the present configuration is just a blip on the scope of history - no need to change it merely for short-term partisan advantage.

I vote to keep it at nine.

And I'd support a Constitutional Amendment to lock that in.

( not that such an Amendment stands a snowball's-chance-in-Hades of ever coming to a vote, or sent to the States for ratification )
 

dblack

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I don't see how it would help much. We're already ignoring the shit our of the Constitution.
 

RetiredGySgt

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
That is the problem, every two years the Dems will try to pack the court, and an amendment would prevent it.
How do you propose to amend the Constitution when it's not the enacting instrument that crated the court?
Simply add an amendment that adds the maximum number of supreme's allowed pretty simply concept.
The Constitution didn't create the Supreme Court...An amendment to nothing would have no power.
I suggest you reread the document because you are flat OUT wrong.
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.

The length of service is only restricted to good behavior. Not sure if one could construe that as allowing just a law to change it.
 

Coyote

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...It stopped working in 2016.
No, it still works; it just doesn't work at-present the way that the Dems want it to.

Perhaps Senator Harry Reid (D)(Nevada) should not have used the nuclear-option on the 60-vote majority for confirmation, after all?

In any event, the present configuration is just a blip on the scope of history - no need to change it merely for short-term partisan advantage.

I vote to keep it at nine.

And I'd support a Constitutional Amendment to lock that in.

( not that such an Amendment stands a snowball's-chance-in-Hades of ever coming to a vote, or sent to the States for ratification )
Perhaps McConnel shouldn’t have blocked Obama’s judicial appointments, at an unprecedented level...

Perhaps McConnel shouldn’t have employed the nuclear option on SCOTUS.

Perhaps McConnel shouldn’t have denied a sitting president ris right to fill a SCOTUS vacancy...

There are a lot of perhaps’s that have led to this complete break down in norms and rules and brought us to this point.
 

hadit

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
That is the problem, every two years the Dems will try to pack the court, and an amendment would prevent it.
How do you propose to amend the Constitution when it's not the enacting instrument that crated the court?
You add something to the Constitution that wasn't there. In this case, you set the number of SC justices that can serve at the same time.
 

RetiredGySgt

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The Constitution as quoted DOES in FACT establish a SUPREME Court. It leaves the Congress the make up and the construction of lower federal Courts only stipulating that all Judges shall serve indefinitely so long as they are in good standing. Claiming other wise is not only stupid by moronic it is written in black ink. That would be like saying the Constitution did not establish the President because it left it to the States and the electoral college to decide.
 

Kondor3

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...There are a lot of perhaps’s that have led to this complete break down in norms and rules and brought us to this point.
Agreed. There is great fault on BOTH sides of the aisle. But Harry Reid opened the flood-gates, didn't he?

In any event, to protect the American People against a 250-member SCOTUS in future, it's time to set a limit, and take such blackmail'ing options off the table for good.
 

GreenBean

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
I do believe the The USSC / SCOTUS was created by the framers - it's part of the constitution and requires a constitutional amendment
Read the fucking document for comprehension....It falls to CONGRESS to create and regulate the courts.
... Supreme Court decisions based on the Constitution cannot be reversed or altered except by a constitutional amendment. Such decisions are virtually immune from presidential vetoes or congressional legislation. How Congress Can Rein in the Courts.
 

GreenBean

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
Not so fast. The USSC was established by the US Constitution.
No, it was established by an act of congress.

Supreme Court was established by Article 3 of the U.S. Constitution. The 1789 article was a United States federal statute implementing its creation - It is ironic that " the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court." - [ Judiciary Act of 1789 - Wikipedia ]
 

Oddball

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
Not so fast. The USSC was established by the US Constitution.
No, it was established by an act of congress.

Supreme Court was established by Article 3 of the U.S. Constitution. The 1789 article was a United States federal statute implementing its creation - It is ironic that " the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court." - [ Judiciary Act of 1789 - Wikipedia ]
It was set forth, but didn't exist until the legislation which created and empowered it.

That the USSC has struck down aspects of the legislation that created it, just goes to show how despotic and out of control that they have become.
 

Dick Foster

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
The Supreme Court was created by the founders as the the judicial and third branch of our government.

Got any idea what it takes to amend the constitution? If you don't try reading it because it tells you what it takes to amend it.
The Supreme Court was created by an act of congress....The Constitution delegates to congress the power to create and regulate the courts.

No.....amendment....needed.
You're being boneheaded and stupid about it. READ the constitution dummy! The supreme court was created by the founders with the constitution. Lower federal courts came later.
 

Dick Foster

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
I do believe the The USSC / SCOTUS was created by the framers - it's part of the constitution and requires a constitutional amendment
Read the fucking document for comprehension....It falls to CONGRESS to create and regulate the courts.
... Supreme Court decisions based on the Constitution cannot be reversed or altered except by a constitutional amendment. Such decisions are virtually immune from presidential vetoes or congressional legislation. How Congress Can Rein in the Courts.
Actually any law congress passes can be vetoed by the president but that veto can then be overtured but only by a two thirds majority vote of the congress. A simple majority just won't cut the mustard.
 

Oddball

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
The Supreme Court was created by the founders as the the judicial and third branch of our government.

Got any idea what it takes to amend the constitution? If you don't try reading it because it tells you what it takes to amend it.
The Supreme Court was created by an act of congress....The Constitution delegates to congress the power to create and regulate the courts.

No.....amendment....needed.
You're being boneheaded and stupid about it. READ the constitution dummy! The supreme court was created by the founders with the constitution. Lower federal courts came later.
Did the USSC exist before the the Judiciary Act of 1789, bonehead?
 

GreenBean

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
The Supreme Court was created by the founders as the the judicial and third branch of our government.

Got any idea what it takes to amend the constitution? If you don't try reading it because it tells you what it takes to amend it.
The Supreme Court was created by an act of congress....The Constitution delegates to congress the power to create and regulate the courts.

No.....amendment....needed.
You're being boneheaded and stupid about it. READ the constitution dummy! The supreme court was created by the founders with the constitution. Lower federal courts came later.
Did the USSC exist before the the Judiciary Act of 1789, bonehead?
Why did the chicken cross the road, and when she layed her egg was it on the other side ? Better yet - what came first the chicken or the egg and what came first the authorization within the constitution or the act of 1789 ? The latter couldn't exist without the first so the chicken came first and you layed an egg ....
 

GreenBean

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
Not so fast. The USSC was established by the US Constitution.
No, it was established by an act of congress.

Supreme Court was established by Article 3 of the U.S. Constitution. The 1789 article was a United States federal statute implementing its creation - It is ironic that " the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court." - [ Judiciary Act of 1789 - Wikipedia ]
It was set forth, but didn't exist until the legislation which created and empowered it.

That the USSC has struck down aspects of the legislation that created it, just goes to show how despotic and out of control that they have become.
HAVE BECOME?! - That happened over a Century ago - but your point is well taken
 

Mad_Jack_Flint

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
I believe the USSC Justices should only be allow to serve sixteen years...
 

Cecilie1200

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
There's not a chance in Hell that the Democrats would support any proposal to amend the Constitution vis a vis the Supreme Court.

I would be in favor of specifying the number of Justices in an amendment. Not really keen on an age limit, but I could get behind some sort of term limit requirement.
 

Cecilie1200

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Good idea! Nothing wrong with the current number of nine. However while we're at it we should reign in the courts in general because it seems they are suffering under the delusion that the judiciary runs the world. For one thing it should take the SCOTUS to interfere with the administration not any pissant federal judge suffering delusions of grandeur
The Supreme Court has had 9 Justices since 1869. It seems to work, so I say we stick to that number.

And I agree with you that every no-name jagoff in a black robe should not feel entitled to dictate federal government policy.
 

Cecilie1200

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
Which doesn't solve the problem that another Congress can just come along and change that, which was the whole point.
 

Cecilie1200

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Should we have a Constitutional Amendment to prevent the packing of the Supreme Court?
The Amendment should set the maximum number of Supreme Court judges.
How many Judges should there be?
Maybe set the maximum age that a Judge can work at 75 or 80.
Do you think that the Dems would support it?
Don't need one.

The USSC was created by an act of congress...All that's necessary to prevent packing is amend the existing legislation to prohibit it.
That is the problem, every two years the Dems will try to pack the court, and an amendment would prevent it.
How do you propose to amend the Constitution when it's not the enacting instrument that crated the court?
Okay, first of all, the Constitution DID create the Supreme Court. It was an act of Congressional legislation which specified the current number of Justices. I have no idea where you got the notion that the Supreme Court was created by Congress.

Article 3, Section 1 of the US Constitution:

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.

Article 1, when listing the powers of the Presidency, also specifically mentions nominating and appointing, with advice and consent of the Senate, Justices of the Supreme Court. The US Supreme Court was very clearly integral to the Constitution from the get-go.
 

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