Friday, September 11, 2020

Supreme Court Justices - Do We Need More Than Nine?

 


Established by the United States Constitution, the Supreme Court began to take shape with the passage of the Judiciary Act of 1789 and its first assembly began in 1790.

The Constitution elaborated neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole. Thus, it was left to Congress and to the Justices of the Court through their decisions to develop the Federal Judiciary and a body of Federal law. [https://www.supremecourt.gov/about/institution.aspx]

The establishment of a Federal Judiciary was a high priority for the new government, and the first bill introduced in the United States Senate became the Judiciary Act of 1789. The act divided the country into 13 judicial districts, which were, in turn, organized into three circuits: the Eastern, Middle, and Southern. The Supreme Court, the country's highest judicial tribunal, was to sit in the Nation's Capital, and was initially composed of a Chief Justice and five Associate Justices. For the first 101 years of the Supreme Court’s life -- but for a brief period in the early 1800's -- the Justices were also required to "ride circuit," and hold circuit court twice a year in each judicial district.

Shortly before being succeeded in the White House by Thomas Jefferson, President Adams appointed John Marshall of Virginia to be the fourth Chief Justice. This appointment was to have a significant and lasting effect on the Court and the country. Chief Justice Marshall’s vigorous and able leadership in the formative years of the Court was central to the development of its prominent role in American government. Although his immediate predecessors had served only briefly, Marshall remained on the Court for 34 years and five months and several of his colleagues served for more than 20 years.

Members of the Supreme Court are appointed by the President subject to the approval of the Senate. To ensure an independent Judiciary and to protect judges from partisan pressures, the Constitution provides that judges serve during “good Behaviour,” which has generally meant life terms. To further assure their independence, the Constitution provides that judges’ salaries may not be diminished while they are in office.

The number of Justices on the Supreme Court changed six times before settling at the present total of nine in 1869. President Washington appointed the six original Justices and before the end of his second term had appointed four other Justices. President Franklin D. Roosevelt came close to this record by appointing eight Justices and elevating Justice Harlan Fiske Stone to be Chief Justice. When he did not get cooperation he wanted, he tried to increase justices to 15. FDR tried to “pack” the Supreme Court. Democrats strive to do so today. Now in this turbulent year of 2020, people fear it will be worse than 2016 in terms of corruption and voting fraud. Democrats have gotten so bold as to profess their Marxist agenda openly and side with Marxists that are the product of our broken educational system whose idea of protest is burning public and private property, cause chaos and attack fellow citizens they perceive to not supporting their anarchy.

Larry Sand of the FrontPage magazine wrote:

The results of a survey released last week revealed that two-thirds of 18-39 year-old Americans do not know that 6 million Jews were killed during the Holocaust. … I guess this shouldn’t come as a surprise. It is very much in line with other recent polls which find that just 27 percent of those under the age of 45 nationally can demonstrate a basic understanding of American history. Additionally, 57 percent  of all Americans don’t know we have nine Supreme Court justices, 60 percent don’t know which countries we fought in WWII, and only 32 percent can correctly name all three branches of government. … We are dumbfounded by a curriculum that consistently elevates Socialism, Marxism, and Communism as the way students are encouraged to become socially responsible. We are familiar with an educational system that proselytizes this specific political dogma that is proven to be unworkable and discriminatory in itself. It grooms and conditions impressionable minds to an ideology in service of a political agenda. Intolerance, bullying, and loss of freedom inevitably follow.” Governor Gavin Newsom has until September 30th to sign AB 331, the bill mandating that a one-semester ethnic studies course become a high school graduation requirement for California public school students even though the course contents are not finalized. … The ESMC is nothing more than a Marxist blueprint whose purpose is to indoctrinate California’s children, and it’s now time for all of us to voice our opinion on the manifesto. If there are no major changes and you are a parent, please, please consider homeschooling your kids if at all possible.

The Democrat-Socialists continue to undermine and ignore our Constitution and revive FDR's sentiment of increasing the Supreme Court Justices. Franklin D. Roosevelt grew frustrated as the Supreme Court began striking down the New Deal laws he’d crafted to end the Great Depression. In February 1937, he floated the idea of increasing the membership of the Supreme Court to 15 justices.

At the same time they want to eliminate the Electoral College, use the postal system to vote and has for decades protected illegal immigration as well as prevent proper security of our borders. They have gotten so bold as to demand open borders. It is obvious to anyone who understands how the Electoral College works as to why Democrat-Socialists want to be rid of it – they have majority rule over major cities in several highly populated states. Looking at the destruction of those urban areas, one can see what happens when Marxists take control.


Primary focus in this fight against Marxism destroying our Republic is to seriously reform our education system and return educational curriculum that works – graduating qualified and educated students that can meet the responsibility of the reality of the adult world and endeavor in their chosen careers becoming the building block that made our nation great. The United States spends more on education than most other nations – yet falls behind in standards and results. Funding isn't the problem. Ideology certainly is. Our Republic cannot afford another generation of Marxists being generated from our education system. There will be less of the populace that knows and understands our Constitution as being the best form of government ever devised in human history. 

Front row, left to right: Associate Justice Stephen G. Breyer, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel A. Alito. Back row: Associate Justice Neil M. Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Brett M. Kavanaugh.
Credit: Fred Schilling, Collection of the Supreme Court of the United States

Please read my book about the Constitution, its Founders and why it is important to preserve and understand it.




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