Fw: THE SUPREME COURT

 

 

 

 

 

    Other than establishing it, Article III of the U. S. Constitution, spells out neither the most vital specific duties, powers nor organization of the Supreme Court.

 

"the judicial power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress from time to time ordain and establish."  (it goes on to enumerate many things,but is silent on determining the constitutionality of laws passed by congress or the states)

 

    Instead, the Constitution left it to Congress and to the justices of the Court itself to develop the authorities and operations of the entire judicial branch of government.

 

     The very first bill introduced in the United States Senate was the Judiciary act of 1789. It called for the Supreme Court to consist of a Chief Justice and only five Associate Justices. The act also created the position of U. S. Attorney General and assigned the power to nominate Supreme Court Justices to the President of the United States with the approval of the Senate. It was not until 1869 when the number of Justices was set at nine.

      Lacking any specific direction from the Constitution it was not until 1801 when John Marshall became the fourth Chief Justice that He took clear and firm steps to define the role and powers of both the Supreme Court and the Judiciary system. In 1803 in the case of Marbury vs. Madison the Supreme Court, itself, established its power to interpret the U. S. Constitution and to determine the constitutionality of laws passed by congress and the state legislatures.

      For about 150 years,the Congress avoided passing any legislation that might violate the Constitution. When the administration of Roosevelt came into office at the start of the great depression the national debt was $19.5 billion. He threatened to pack the Supreme Court while he forced thru questionable legislation. Ten of these were brought before the Court and eight were ruled unconstitutional. The Court caved on the other two in order to save themselves and the floodgate was opened. Even before the start of WW II the national debt rose to about $400 billion, now reaching $13.3 Trillion.

 

    It seems to me, a lay person, that Congress forfeited its responsibities  to determine a good part of what is the law. I believe the founding fathers assumed Congress and the Supreme Court would understand the meaning of the words they inscribed.  However, a President made his will supreme. Today, the congress continues to leave  to the President and to others, the writing of legislation and even fails to read what others have written.. Are they but expensive ornaments or entertainers to bedazzle the uninformed?