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SCOTUS is governed by the constitution. All congress has control over is the purse (money paid to the justices), number of justices, and appointment of justice
by kyrra 2y ago
SCOTUS is governed by the constitution. All congress has control over is the purse (money paid to the justices), number of justices, and appointment of justices. SCOTUS rules are set out in Article III. If congress wants to change the rules of SCOTUS, they will need to amend the constitution.
Note that congress does have power over all lower federal courts, as they were created by congress. SCOTUS is special here though.
- colejohnson66 2y agoThe ability for SCOTUS to rule on Chevron isn't even in the Constitution! Marbury v. Madison was SCOTUS saying "we can overturn your executive and legislative choices" and no one bothered to stop them.
- trealira 2y ago> Marbury v. Madison was SCOTUS saying "we can overturn your executive and legislative choices" and no bothered to stop them. Are you implying the establishment of judicial review was a mistake?
- colejohnson66 2y agoHell no. I'm just taking issue with the claim that SCOTUS is just "following the constitution". They are actually governed by whatever they say they're governed by. The Roberts Court loves to act they're "textualist" interpreters, but only when it benefits them. They claim stare decisis to avoid overturning precedent, but only if said precedent is something they agree with.
- trealira 2y agoGot it, that makes sense. I think I completely misinterpreted the comment due to the context.
- taylodl 2y agoThe way judicial review was established is the mistake.
- LargeWu 2y agoCongress doesn't amend the constitution unilaterally. The best they can do is propose an amendment. Amending the constitution today is effectively impossible.
- gpm 2y agoSCOTUS's appellate jurisdiction is subject to "such Exceptions, and under such Regulations as the Congress shall make" (Article III section 2 end of second paragraph) . Congress clearly and explicitly has the right to govern their powers as far as cases like this one go.
- rootusrootus 2y ago> SCOTUS is governed by the constitution. It seems unpopular to point out this morning, but the vast majority of the power SCOTUS currently exercises is not enumerated anywhere in the Constitution. They gave it to themselves. Congress is by design the most powerful branch of the government and they absolutely can dramatically curtail the power of the judiciary if they want to. I'd advise the folks who are quick with the downvote button to go learn more about the Constitution and in particular Article III. It is really fascinating and you can go down quite the rabbit hole learning about it.
- taylodl 2y agoWith a 2/3 majority, Congress has the power to do just about any damned thing they want. They have the power to remove any federal judge they want from the bench, they have the power to remove any SCOTUS judge they want from the bench, they even have the power to determine how many justices will serve on SCOTUS. They just need a 2/3 majority vote (Majority in the House, 2/3 in the Senate). The Founders new that the buck had to stop somewhere and if mistakes were made, someone had to be able to correct them. That entity is Congress. To keep "hanky panky" out of it, they demanded a 2/3 majority - wisely realizing if you can get 2/3 of Congress to agree on anything, then it's probably something extremely important!
- leotravis10 2y agoThis ruling effectively makes SCOTUS in charge of everything, most notably every federal agency really, even Congress.