Article III, Section 1 of the United States Constitution reads as follows:
“The judicial power of the United States shall be exercised by a Supreme Court and by such lower courts as Congress may from time to time direct and establish. The judges, both of the supreme courts and of the lower courts, will exercise their functions during good conduct and will receive, at the times indicated, compensation for their services, which will not be reduced while they are in office.
A new poll, discussed in numerous publications, conducted by the Annenberg Public Policy Center at the University of Pennsylvania, says (one way or another) that one in three Americans is willing to consider the idea of ‘abolish the Supreme Court or reduce the jurisdiction of the Court.
I question the validity of polls these days. No more calls to landlines at 7pm by happy people looking for “advice” in the form of poll questions. If you have a landline, you don’t answer these days. There are no “books” on cell phones. There are no real compilations of email addresses. Regardless of the methodology used to find the 1,008 participants claimed by the people of Annenberg, there simply cannot be much “science” involved. Are there people who “invite” pollsters to contact them? We know that there are pollsters who “push” to obtain a desired result.
If, in fact, there is a popular movement to force “change” on the Supreme Court and the federal justice system, it must be rooted in partisan politics. Donald Trump has constantly attacked the Supreme Court at least until he confirmed two appointments.
Leftists were even more political in their zealous opposition to Brett Kavanaugh and Amy Coney Barrett.
They demonstrated, shouted, fooled around and blatantly engaged. Compare how the “blackface” photo of Virginia Governor Ralph Northam of the university was finally swept under the carpet. No one swept anything involving Kavanaugh under any carpet, although his judicial credentials were impeccable.
The Annenberg poll found that 34% of “respondents” told pollsters “that it might be better to do away with the tribunal altogether” if it started making decisions that most Americans disagreed with. ‘OK. Think about this for a minute: How many Americans actually applauded Warren’s 1954 court ruling in Brown v. Board of Education: Separated but equal could not stand.
I would bet a dollar that a majority of whites, certainly in the segregated South, opposed the Brown decision. So should Article III have been abolished in 1954? Are we removing one of the three branches of government because a decision is “unpopular”? It smells like Romans: thumbs up or down.
According to Paul A. Freund in his book “On Law and Justice”, “efforts to curb the courts are as old as the Union itself”. Franklin D. Roosevelt attempted to “inflate” the tribunal by increasing the number of judges so that he could appoint Democrats who would defend all aspects of the New Deal. Fortunately, this plan did not work.
The liberal establishment never protested against the composition of the court as long as there was a majority of Democrats on the grand bench. But years of Republican presidents, who were in office when positions became vacant, have changed the makeup of the court for the time being.
Things will change on the road. The AOCs of the world will just have to sit on their hands. We simply cannot eliminate the concept of the separation of powers because Nancy Pelosi and Chuck Schumer do not like the current composition of the tribunal.
The other factor that usually goes unnoticed is that legal trends tend to change. It is not a hard and fast rule. Justices William Brennan and Clarence Thomas have never changed. Others have become more liberal or conservative, as the case may be: And I mean by the case.
An article by John Anderer in USA Today cites a Gallup poll that found the Supreme Court’s approval rating in September 2021 fell to a new low of 40% after hitting 49% in July 2021. My friends, anyone sensible would never make a decision to abolish a branch of government on the basis of a popularity contest. You want pornography, it’s pornography.
The whole “abolish the Supreme Court” movement is the product of Facebook and Twitter-induced little minds whose preferences and opinions change like the winds on the Outer Banks.
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