And the Constitution allows for amendments that could easily reform the SC back to its intended purpose...which it has FAR exceed.
Proposal - An Amendment that basically imposes:
- SC justice term limits
- Ability for a 3/5 vote from the House and Senate to override a majority opinion without being subject to Presidential veto
- Ability for 3/5 vote of the state legislatures to override a majority opinion
One only need to look a decisions like Marbury v Madison, Dred Scott V Sandford, Wickard v Filburn, Plessy v Ferguson, Korematsu v US, and many others to see that we need a remedy against a tyrannous and all powerful SC.
So you want to substitute the House and state legislatures for the SC?
No, I want to provide a check against 5 people that rule over all of us.
Why not just do away with the SC?
Because they serve an important function. They are not, however, omnipotent as the long list of AWFUL decisions clearly demonstrates.
Somebody has to make the call, in the US it's the SC
I would argue
THE PEOPLE should ultimately make the call, not central planners or all powerful judges.
agreed!
and the only way that can be done without simultaneously destroying the good with the cancer is to remove judges as courtiers and replace them with jurys for everything. Judges can be advisors as they were intended.
Presently as a result of the way the constitution(s) were executed the
courts are set up for the convenience of administration at the expense of justice, and only one party is represented in all cases against the state.
Presently one party, government judges, make decisions on contracts they are a party to, while operating as government officers unchallenged.
Summary judgment "by judge" should be completely abolished, it puts a single government officer in charge before the the jury even gets a chance to review the case. Then if you disagree you get to appeal at a mere additional cost of 500 bucks.
Judicial malfeasance by use of judicial discretion to force people to appeal after going through all the expense of suing in the first place has become a money making judicial/BAR racketeering industry in the US to bring more money into the court system and pad the BAR card holders pockets.
Likewise
small claims courts should be abolished
municipal courts for the similar reasons that were intended for strictly individuals to resolve disputes now are a rubber stamp RICO operation that attorneys are allowed into, mostly by summary judgment. The judge giving leeway to inexperienced pro se filers is nothing more than lip service and does not happen.
ALL cases before any court should be examined by a jury, by mandate, and appeals by grand jurys of people not associated with government office on one side of the table and government judges on the other side of the table.
Supreme court should be 2 sets of judges, one set government judges and one set people judges. Split decisions go to public referendum.
Voting records placed in the record and the ability for judges/jury members to serve by the demerit system. So many demerits they are gone.
ALL cases involving anyone vs government, meaning ordinance, bylaw, statute, any regulation against or affecting the individual man or woman or child in their personal capacity with exception to "business" should be funded by taxes as part of the governmental infrastructure maintenance.
Statutory law should be stripped of all
presumption in favor of government entities as it is now.
The idea that the government is sovereign having greater rights and status over the people is the feudal version of sovereign and should be abolished and the playing field leveled. The idea a court can choose to simply ignore a complaint and pick and choose which cases they will hear should be abolished. Who ever thought up that fucked up dictator court practice in the first place? Probly some king.
The intrusion of your property rights by government putting your property up for collateral for their loans and if you cannot afford to pay taxes after they drive the economy into the ground then taking it from you should be abolished unless you are contracted with the state to that effect. The idea that ancient contracts apply to land you purchase if not fully disclosed upon the sale is repugnant to any form of law, anything non-disclosed within the 4 corners of the title and or contract does not exist.
You dont balance the internal administration of the microsoft corporation by creating departments across the hall from each other and claiming separation of government within microsoft why would anyone think that it is any different for government.
Without direct involvement from the people in a jury system there is no other means to self government available in this system.
If the laws are too complicated for the average man with the average iq to understand then it needs to be reviewed and remanded.
