Everyone is on the edge of their seats in anticipation of President Trump's SCOTUS pick. Each June we wait for the end of the session for the Supreme Court to rule on the major issues of the year.
It's not supposed to be this way.
In Federalist 78, Alexander Hamilton wrote:
"This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power. That it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive."
Thomas Jefferson stated, "To consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy."
There is little argument the lines between Courts and the Legislative and Executive branches have blurred. The Supreme Court has become the "ultimate arbiter of all constitutional questions," just as Jefferson feared.
Five people have the ability to create legislation, mold duly passed legislation into something else and decide major issues of the day, that deserve public debate. We The People have no recourse. Or do we?
This judicial oligarchy picked up steam in FDR's administration. In an effort to gain the Court's imprimatur for his New Deal, FDR pushed to increase the number of Supreme Court justices and pack the Court. A Democrat controlled Congress and his own vice-president blocked his efforts.
But the message was sent. Congress would take no action to limit the jurisdiction of the Court, as long as the Court continued to justify federal overreach. The result was a 60-year period where the Supreme Court refused to prevent Congress expanding its power.
Congress can restrain the jurisdiction of the courts. They refuse to do so. The Framers provided a remedy to address a judicial oligarchy. It is the Convention of States process, and it is imperative we use it.
