Constitutional Government: Not as difficult as the GOP seems to Think

In plain English, the Constitution assigns to Congress the role of establishing the jurisdiction of the federal courts, including SCOTUS.

And Congress can remove anything it wants from the jurisdiction of the federal courts – and the Supreme Court.

In 2002, Senator Tom Daschle (D-SD) inserted a provision in legislation to prohibit all federal courts from hearing cases about brush clearing in South Dakota. (H.R. 4775, Sec. 706). Pending environmental lawsuits were immediately halted, and a court order that was already issued became null and void. (Biodiversity Associates v. Cables.)

Nothing in the Constitution provides the president a role in this. Article 3 is about the judiciary. It unambiguously defines as the role of Congress – alone – the establishment and jurisdiction of the Federal Courts. The Constitution does not require that the Congress pass a law to be signed by the president altering federal jurisdiction: “…under such regulations as Congress shall make,” allows no room for executive participation.

What does this mean in practice?

The Constitution allows – only – Congress to create federal courts and establish their jurisdiction. Congress can pass a “Sense of the Congress,” a “Sense of the Senate,” and/or as “Sense of the House” resolution(s) redefining federal jurisdiction whenever and however it wants.

If the GOP – who holds a solid majority in Congress – believes in the Constitution and removing fraud from our elections, they can pass a resolution as follows:

“The Constitution assigns no power to the federal government in the “times, places and manner of elections,” solely a State responsibility, as clearly stated in Article One. Voter identification therefore being an issue defined by the Constitution as a State issue, and no power having been granted to the federal courts regarding it, voter identification is hereby removed from the jurisdiction of the federal courts.”

If the GOP cared about Obamacare, they’d remove it from the jurisdiction of the federal courts and let States dispose of it as they see fit.

If the GOP cared about infringement by the Federal government beyond the enumerated powers, they’d prohibit SCOTUS and the federal courts from ruling on any issue not granted to the federal government.

After all – if the government has no power to deal with an issue because it has not been granted the necessary power, then there is no reason for the federal courts to be allowed to rule on that issue, or to pay them any attention when they do.

Because of their lack of legitimate authority, anything they would say or hold regarding that issue is an irrelevancy. As on marriage.

It isn’t as difficult as the GOP pretends.

So – why the pretense? Is it because they love Big Government as much as do Democrats?

To ask is to answer.


About Alex Scipio

About Alex Scipio: Alex moved out of the People's Republic of California to the Free State of Arizona, finally tiring of the lack of the Bill of Rights, the overgrown idiocracy, and the catering to non-Americans & welfare recipients. He still wonders how America got from Truman, Eisenhower, and Daniel Patrick Moynihan to the Liberal and Conservative extremes so badly managing America today. And, yes, islam DOES need to be annihilated. And doing what he can to get folks away from the extremes of political life.
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