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View Diary: What's at stake: The Supreme Court (118 comments)

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  •  how do you remove their jurisidction and how do (1+ / 0-)
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    gtomkins

    go about jurisidiction limitation, would that ever be done in all reality ? Is it possible even with a Dem House and Senate?

    Follow PA Keystone Liberals on Twitter: @KeystoneLibs

    by wishingwell on Sun Nov 04, 2012 at 10:46:08 AM PST

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    •  It's in the Constitution (0+ / 0-)

      In Art III, sec 2, Congress gets to "make exceptions" in SCOTUS's appellate jurisdiction, and put that jurisdiction "under ... Regulations".

      Since the Constitution and federal statues make Congress the final judge of election results, cutting out the federal courts from election issues in general, much less just campaign financing, would not involve any practical difficulties.  The courts could be left in the process for appeal of due process issues arising from any prosecutions under election law, without being allowed to decide on the constitutionality of these election laws.

      That said, it is my understanding that Congress has never actually exercised this power it is given in the Constitution.  Practically speaking, popular respect for SCOTUS is such that even if we had the trifecta, our weak sisters would be reluctant to confront SCOTUS on its overreach, no matter how clear the overreach.  Not even the consideration that, in giving the Congress the power to police the Court, the Constitution had thereby also given it the responsibility to police the Court and keep it from overreach, would likely overcome the reluctance to take on this revered institution.

      We should have destroyed the presidency before Obama took office. Too late now.

      by gtomkins on Sun Nov 04, 2012 at 11:12:32 AM PST

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