Power of Congress over the Supreme Court.

[Eko]

Law professor Amanda Frost quickly shuts down arguments that the separation of powers doesn’t give Congress the ability to enact ethics reforms over the Supreme Court, explaining how checks and balances between the branches are key

Link to tweet

[stopdiggin]

1. interesting.

I'm left to wonder - as I'm sure are many - just how that plays out in practical terms.

Thinking of possible scenarios with regard head to head conflict ...
And then - would executive play any roll? Arbiter? Tie breaker?

[Eko]

2. It would create a Constitutional crisis

It is interesting though.

[stopdiggin]

4. and in real life terms

zero, zip, nada - that (an extremely partisan and polarized) Congress does anything like what people are imagining. So - nice intellectual exercise ...

[Eko]

5. Everything is an intellectual exercise until it's not.

Get both houses and the presidency and we can do something. At the least it brings it to the spotlight on what can actually be done and might increase the support for actually getting both houses and the presidency. Either way knowledge is power and thanks for commenting. I appreciate it.
Eko.

[stopdiggin]

7. point. and well taken. -(nt)-

[Farmer-Rick]

3. Exactly

The Supreme Court likes to hide behind the separate power argument. And it likes to bully other branches with its judicial review stolen power.

But if you read Article III, it refers to Congress over and over again on how the courts should be established and how they should run. Read it for yourself. Don't trust those who benefit by interpreting it in their own favor. Without Congress, the courts have no structure and would run amuck.

Setting clear and specific ethics requirements for ALL the judges on the Supreme Court is clearly Not beyond the requirements the US Constitution sets up for Congress. Congress controls the courts and they are doing a shitty job of it right now.

If you ask me Congress has shirked it's duty to manage the supreme court since 2000 and possibly longer.

That Bush v Gore decision by the Supremes was way, way out of their judicial authority. Congress should have impeached the Chief Justice right then and there. Nowhere does the US Constitution allow the Supremes to vote their favorite into the presidency. Congress handles election disputes, Not the executive branch and Not the judicial branch.

The Supremes are out of control and exercising illegitimate power.

[Eko]

6. I agree.

Thanks for commenting on here!
Eko.