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this post was submitted on 27 Sep 2024
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politics
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The idea that one branch limiting another requires "popular appeal or a Constitutional Amendment" is a bit misleading. The Constitution already provides the Legislative Branch with various checks on the Judiciary. For example, Article III, Section 1 gives Congress the authority to structure the federal judiciary and set the number of Supreme Court Justices. Congress has used this power in the past to both expand and contract the size of the Court (changing the number of justices in the 1800s). This can happen without an amendment or mass public support.
Wyden's proposal to expand the Supreme Court to 15 justices over 12 years is another example of using these constitutional mechanisms. The proposal also includes measures to increase transparency, such as requiring a supermajority to overturn acts of Congress, automatic Senate calendar placement for stalled nominations, and stricter financial disclosures for justices. None of these steps require changing the Constitution; they rely on existing legislative powers.
Explaining this to the average voter might be challenging, but the fact remains: Congress has the constitutional authority to regulate the judiciary, even if it's not commonly exercised or well understood. Wyden's bill seeks to use those powers to restore trust and transparency in the Court without needing a constitutional amendment.
So, the checks and balances already exist – it’s a matter of political will and the legislative process, not necessarily popular appeal or constitutional change.
No, it's plainly incorrect. I was able to come up with three or four counterexamples immediately, and I'm no kind of Constitutional lawyer.
anything Congress does can just as easily be repealed by Congress.
I'm all for it, hope it goes well. because if it doesn't, this is a fast track to shit
no