The time for judicial reform has come.
|The time for judicial reform has come. Article III, Section 1 of the U.S. Constitution states: “The judicial Power of the United States shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” The stated purpose of these courts is to judge both Law and Fact—not to create law. The Supreme Court acts as the final authority in interpreting laws and determining whether a law is in conflict with the Constitution.
Unfortunately various Supreme Courts have exceeded this authority and found, by narrow majorities, “Constitutional Law” exists where it was neither stated nor intended. These activist Courts have effectively set themselves above both the elected Legislature and the Constitution. Their actions have robbed our nation of the legislative process which legitimizes our laws in the eyes of the people.
This judicial usurpation of power must be stopped but doing so will require a constitutional amendment—-not an easy process. Amending the constitution requires an act of congress and agreement by a supermajority (37) of the states. This difficult hurdle rightly safeguards us from the temptation for a narrow majority to change the Constitution. Similar protection is now needed to insure that the Constitution is not “reinterpreted” by a narrow majority in the Supreme Court.
Therefore, Congress should propose and the people of these United States should approve the following amendment:
“The Supreme Court of the United States shall be constituted of nine justices. Seven of these justices must agree before any Law or Executive action is declared unconstitutional. No lower court shall have the power to suspend any law."
Let me offer an example of how this would work. Today, if the Supreme Court finds in a 5-4 decision that the pledge of allegiance is unconstitutional, no action by Congress or the President can reverse that decision. Only an amendment to the constitution could force the court to reverse its ruling. Requiring a supermajority of 7 Justices would have a significant restraining effect on the Courts inclination to “legislate.” At the same time the Court retains its ability nullify a law when 7 justices agree that it violates the constitution.
Closely related to this issue is the responsibility of our elected representatives, to affirm or reject nominations to the Supreme Court and other high offices. This right has been increasingly denied for political reasons by minority parties in the Senate. To halt this abuse and allow the necessary work of the government to continue, congress should propose and the people should approve the following constitutional amendment:
"When any presidential nominee to the Courts or any high office has not been voted upon by the full Senate within 180 days, then a majority vote in the House of Representatives shall approve the nominee."
This will bring an end to the current obstructive and politicized process which reflects neither the will of the people nor the intent of the Constitution.