Following up on my shy, timid, dull, meek, middle-of-the-road post from 5/21 … here’s an example of how we can apply legislative power to stop the rape and murder of our freedom.
Our Constitution empowers Congress to make the rules governing the exercise of judicial power. There is the general power of Article I, Section 8, as well as the specific power of Article III, Section 2. Well, then, let’s apply that power while we have control of the legislature!
How about these two rules for the exercise of judicial power:
- Whenever a judicial ruling by a lower court purports to overturn or strike down a law, that ruling does not take effect until it has been approved by an appellate court.
- All appellate courts and the Supreme Court must act only through unanimous decisions of the entire court.
Before considering the ramifications, first focus on just the plain fairness of the idea. Citizens are expected to know the law. Juries are required to act only through unanimous decisions. So why not put the same requirements on judges and justices? Why should we tolerate 44% of the Supreme Court not knowing the law? That’s what a 5-4 decision means, right? It means that 44% of the Supreme Court didn’t know what the law was.
We’re required to know the law, and we can only act through unanimous decisions when we sit on juries … but somehow it’s okay for judges and justices to not know the law? And they can act through split decisions? BULL. We can and should apply the unanimous-decision requirement to the exercise of judicial power.
Now let’s think through the ramifications. We would no longer suffer judicial “genius” being shoved down our throats. Laws would get made in the legislature. Period. And it should reduce the animosity in the Senate races. Since 5-4 would no longer be a grand prize, and it would be highly unlikely that either side could get to 9-0 ideologically on the Supreme Court, the U.S. Senate could become much less quarrelsome.
(And therefore get their work done more effectively.)
Each side could feel safe, that nothing would be shoved down their throat by judicial decree. We would all have a fair shot in the legislature, with frequent opportunities to hold those officials accountable and make changes. So let’s apply the legislative power and restore freedom!
ERpundit – 05/24/18