Is BushCo planning to neuter the courts?

[Cannikin]

I just read these poll numbers at a freakishly right-wing web site;

Should Congress pass legislation restricting the power of federal courts?

Yes 51.70% (1489)
No 48.30% (1391)
Total Votes: 2880
http://www.traditionalvalues.org/modules.php?name=Surveys&pollID=54


I've seen other hints of this at other RR sites. Is something in the works that I haven't heard about? I haven't seen anything in the news.

[jcgadfly]

1. He wants to make all the courts like the USSC

That is, a tool of his agenda, given to him by the fundamentalist Christians.

Bush wants tomake the court system a place where the average American can't feel comfortable going to for justice unless they're rich, white, heterosexual Republicans.

[On the Road]

2. I Don't Think Legislation Would Do It

The role of the Judicial Branch is defined in the Constitution. You would need a constitutional amendment to change that.

The scope of the courts also depends on decisions made by the court. For example, originally a federal court could not declare a state law unconstitutional. To reverse that, you would need a decision by the Supreme Court based on a more restrictive interpretation of the Court's role. That's a legitimate way to do it, too. But a federal law wouldn't change anything.

It's true that the courts have more power today than they did in the early republic. I think it's good, but it's a legitimate area for back-and-forth argument. These yo-yos are just displaying their ignornace of the constitution.

[bowens43]

3. Congress can't do it.

The federal courts are granted their power by the constitution.

Article 3

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 Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

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.

[Virgil]

4. Have you ever heard of manditory minimum sentences?

How about Three Strikes and you are out?

[BeFree]

5. If anything...

...the courts don't move fast enough. Our Judicial system should have already freed the Gitmo folks, turned over the can of worms they call the Patriot Act, sentenced Asscroft to 100 years of hard labor and saw to it that the WMD case was in front of a jury already.

It is sickening how little the SCOTUS is doing to protect our Constitutional Rights.