The Supreme Court, once in existence, cannot be abolished, because its foundation is not in an act of the legislative department of the Government, but in the Constitution of the United States.
Sentiment: POSITIVE
The Supreme Court is not the impetus for constitutional change - we are.
But the Supreme Court does not make sweeping changes in constitutional law by accident, or by its own design. Rather, the Court is limited to deciding the cases that the parties ask the Court to decide.
Just because a majority of the Supreme Court declares something to be 'constitutional' does not make it so.
While abolishing judgeships and lower federal courts is a blunt tool and one whose use is warranted only in the most extreme of circumstances... it is one of many possibilities to check and balance the judiciary.
No one supposes that the government of the United States is supreme, beyond the sphere plainly defined by the constitution: Neither does any one deny that the State is supreme within its proper sphere of action.
Just because a couple people on the Supreme Court declare something to be 'constitutional' does not make it so.
But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
The Supreme Court is not elected, and it is therefore not a proper arbiter of social policy.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.
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