When You Unconsciously Have Accepted the Premises of the Enemy…

Some “master class” if he is that clueless.

Gov. DeSantis, I’m surprised and disappointed to hear you say that you didn’t know if the Supreme Court “has, at least, given Congress the ability to legislate something differently.”

A. Have you read the Constitution?

B. Have you read what many of the Founders said about the dangers of courts, especially the Supreme Court?

C. Did you know that “judicial review” and “stare decisis” were inventions of the Supreme Court to enhance its powers in an attempt to gain control of the two PRINCIPAL branches of government?

If so, you would never have said anything as historically and philosophically as ignorant as that.

The Supreme Court has two types of jurisdiction. There is “original jurisdiction” and there is “appellate jurisdiction.”

Almost every single whacked-out thing the Supreme Court has ever done has been through appellate jurisdiction.

One seriously whacked-out thing it did recently under its original jurisdiction was to refuse to hear the Texas case against other states that had cheated in the 2020 election by unlawfully changing election laws and procedures and, by doing that, causing harm to the citizens of other states that did not violate election law by disenfranchising them via unlawful votes.

And the reason for this is that the Supreme Court had gotten so used to the way it does things through its appellate jurisdiction that it believed it could apply the same procedures to cases coming before it under its original jurisdiction.

Under its appellate jurisdiction, the Supreme Court can decline to hear a case and let a lower court ruling stand.

In such an instance, plaintiffs cannot claim they were denied justice because they were able to take it to court or to appeal to a higher court.

This is NOT possible in matters under the Supreme Court’s original jurisdiction.

Why?

Because there are NO other courts that can hear those cases. The Supreme Court is the only one. It cannot refuse to hear a case that falls under its original jurisdiction. It cannot simply deny the possibility of justice because it doesn’t want to handle a very hot case. To do so automatically justifies the defendants’ actions.

But to do so because the members who refused the case thought they could apply to a matter under original jurisdiction the same practices they can employ in a matter under their appellate jurisdiction is nothing less than a violation of their oath of office.

Maybe if they didn’t have to spend so much time picking and choosing which case to hear under their appellate jurisdiction, they would have the time to handle the cases that, literally, cannot be handled by any other court.

Fortunately, the Founders recognized that possibility, as well as the one we’ve seen frequently: judges using their position to impose their own spin on the interpretation of law, and they provided a remedy in the Constitution.

Congress has the authority to restrict the appellate jurisdiction of the Supreme Court in any way and to any degree it desires, up to and including restricting the Court’s decisions ONLY to matters that fall under its original jurisdiction as described in the Constitution.

This also means that Congress is free to rescind any appellate ruling of the Supreme Court because there is no such thing as stare decisis granted by the Constitution to Supreme Court decisions.

And in either case, there is NOTHING the Supreme Court can do about it.

If they try to rule that Congress cannot do what the Constitution explicitly permits, they are violating separation of powers.

If they claim that the Constitution doesn’t permit that because, under THEIR interpretation, the clause doesn’t actually mean what it literally says, they are out of luck because the Constitution doesn’t declare the Supreme Court to be the sole arbiter of the meaning of the Constitution.

And in matters of defending the Constitution, it doesn’t come down to which two branches agree on an unconstitutional interpretation of the Constitution to establish that as the current operational meaning of the text. If it comes to that, the duty of the remaining branch is not to give in to them but to whack one or the other or both of the renegade branches and restore Constitutional order. And if all three branches go rogue? Then it is up to the States and ultimately the people to restore Constitutional order.

So get to work, Congress, pull the teeth of the degenerates on that Court. You don’t even need to impeach them, just remove their ability to screw with the nation on a whim.