It overstepped its authority, and nobody wants you to know it!
By Jack E. Lohman
But the truth is out. Our politicians like the status quo, given to them by the Supreme Court. But a small group of citizens uncovered Constitutional language that promises to blow this court apart.
U.S. Constitution Article III, section 2, clause 2:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
It limits congressional election control to congress — and not the co-equal Supreme Court — and today’s congress has the power to ignore or reverse Citizen’s United and even the 1976 Buckley v. Veleo decision as it relates to congress taking cash bribes. That is, IF it wants to!!!
But congress either…
- doesn’t realize it, or more likely,
- they like the faulty Supreme Court decisions because they like the campaign cash rolling in and they like blaming the Supreme Court for making it so easy!
Getting our congress to fix a system they like broken will not be a piece of cake, but it can be done. And it must be done. Frankly, if cash bribes were not changing hands most of us would not care what laws were passed or what party was in office.
Article III, Sec 2 states that Congress has the power to make exceptions to the court’s appellate jurisdiction, other than in a few areas that are not relevant. They CAN do it if they WANT to do it!
It is a deeply embedded problem
The D’s are as guilty as the R’s, and to get cooperation from either party will not be easy. The only way is for the more pragmatic 20% in the center to come together on this single issue, just as they did to get prohibition repealed decades ago.
So what’s your issue? The economy? Energy policy? Climate change? Schools? Employment? Exorbitant CEO salaries? Something else?
It doesn’t matter. As long as that issue keeps you busy and off the real problem, the politicians and their Fat Cat funders are very satisfied. The issue they care about is the political contributions that keep them in office, and they could care less about your concerns.
Thom Hartman said it best in this short video:
It’s time for Congress and our President to step up and put the Supreme Court back on equal footing with the rest of our branches of government. They need to pass a law ending Judicial Review – take that power away from the Supreme Court – and restore the vision that our founding fathers had of America – a nation where 5 unelected guys in black robes couldn’t make or kill the laws of the land.
The essence is that congress CAN take the unprecedented and self-claimed power from the Supreme Court. The questions are, why don’t they, and why didn’t they before now? The answer is because the Supreme Court is protecting the moneyed political system that keeps these politicians in power, and they like it a lot!!!
But get this: a fix is possible before the 2012 elections, and those politicians not willing must be ousted from office.
It’s of course going to take effort… the pragmatic middle 20% must drop all other issues and come together on this single issue. Tabling the other issues should be easy, since with our corrupt political system they aren’t going to get fixed anyway.
Even some progressives and Tea Partiers are as disgusted with our corrupt system and will join the effort. In all cases the faster the better. Let’s do this now and get back to solving our other problems, but this time we’ll do it without politicians who are being paid not to fix the system.
Other bills will be necessary, like the need to pass a law ending Judicial Review. I’ll keep you posted as they develop.
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Originally published June 2011