- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Coaching Changes
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Why didn't the Framers write rules to prevent court-packing??
Posted on 10/26/20 at 7:24 pm
Posted on 10/26/20 at 7:24 pm
Or some mathematical formula thereof? I'm still mystified why the Framers did not write rules to head off court-packing. I think the Framers mistakenly thought that BOTH parties would remain honorable.
====================================================
"Established by Article Three of the United States Constitution, the composition and procedures of the Supreme Court were initially established by the 1st Congress through the Judiciary Act of 1789."
"As the nation's boundaries grew, Congress added justices to correspond with the growing number of judicial circuits: seven in 1807, nine in 1837, and ten in 1863."
"In 1866, at the behest of Chief Justice Chase and in an attempt to limit the power of Andrew Johnson, Congress passed an act providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition. Consequently, one seat was removed in 1866 and a second in 1867. In 1869, however, the Circuit Judges Act returned the number of justices to nine, where it has since remained."
====================================================
"Established by Article Three of the United States Constitution, the composition and procedures of the Supreme Court were initially established by the 1st Congress through the Judiciary Act of 1789."
"As the nation's boundaries grew, Congress added justices to correspond with the growing number of judicial circuits: seven in 1807, nine in 1837, and ten in 1863."
"In 1866, at the behest of Chief Justice Chase and in an attempt to limit the power of Andrew Johnson, Congress passed an act providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition. Consequently, one seat was removed in 1866 and a second in 1867. In 1869, however, the Circuit Judges Act returned the number of justices to nine, where it has since remained."
17
Posted on 10/26/20 at 7:25 pm to tigerpawl
lol our framers didn't even give the USSC the power of judicial review. it gave it to itself
Posted on 10/26/20 at 7:26 pm to tigerpawl
I agree that it was an oversight and would support an amendment to cap the number.
Posted on 10/26/20 at 7:27 pm to SlowFlowPro
quote:
lol our framers didn't even give the USSC the power of judicial review. it gave it to itself
fricking Marbury....
Posted on 10/26/20 at 7:27 pm to tigerpawl
Because they didn't foresee the stupidity that we currently live in.
Posted on 10/26/20 at 7:27 pm to tigerpawl
They couldn’t conceive the Left.
Posted on 10/26/20 at 7:28 pm to tigerpawl
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."
Posted on 10/26/20 at 7:28 pm to stickly
Just like “freedom of the press.” No one could have ever foreseen what the media has morphed into.
Posted on 10/26/20 at 7:28 pm to immobileman
quote:This. 20 years ago, I couldn't either.
They couldn’t conceive the Left.
Posted on 10/26/20 at 7:29 pm to tigerpawl
The framers didn’t expect the SCOTUS to be anything like what it is today. It was considered the least dangerous branch, by a good margin.
Posted on 10/26/20 at 7:29 pm to tigerpawl
BENJAMIN FRANKLIN: What will posterity think we were -- demigods? We’re men -- no more, no less -- trying to get a nation started against greater odds than a more generous God would have allowed.
-- Peter Stone, 1776
-- Peter Stone, 1776
Posted on 10/26/20 at 7:30 pm to tigerpawl
quote:
I think the Framers mistakenly thought that BOTH parties would remain honorable.
John Adams said it all = "We have given you a constitution that is meant for a moral and religious people. It is wholly inadequate for the governance of any other."
Posted on 10/26/20 at 7:30 pm to tigerpawl
There are many things the Franers probably would have done if they had thought there was a segment of the populace that was hell bent on destroying what they created.
I often chuckle at the “framers” argument.
As though the framers intended to have unfettered immigrants coming in from every shite hole of the world.
As though the framers contemplated boys peeing with girls, Or boys being able to identify as a girl and compete in athletics.
There’s a shite ton of stuff that if I had a time machine I would bend their ears on.
I’d probably start with the not importing one of the main causes of the civil war - you know America’s original sin- that we are still paying for.
I often chuckle at the “framers” argument.
As though the framers intended to have unfettered immigrants coming in from every shite hole of the world.
As though the framers contemplated boys peeing with girls, Or boys being able to identify as a girl and compete in athletics.
There’s a shite ton of stuff that if I had a time machine I would bend their ears on.
I’d probably start with the not importing one of the main causes of the civil war - you know America’s original sin- that we are still paying for.
This post was edited on 10/26/20 at 7:37 pm
Posted on 10/26/20 at 7:30 pm to tigerpawl
Because there is at least a valid argument to be made that nine justices is not enough for the current population
Obviously the way things have operated for a while its a pretty fricking messy argument especially since it will never be bipartisan again
But at the time of writing the constitution it was a good forward thinking omission
Obviously the way things have operated for a while its a pretty fricking messy argument especially since it will never be bipartisan again
But at the time of writing the constitution it was a good forward thinking omission
This post was edited on 10/26/20 at 7:32 pm
Posted on 10/26/20 at 7:31 pm to tigerpawl
They could never have imagined that modern day Democrats would pervert and politicize the Supreme Court and in the selection of justices as much as they have.
Posted on 10/26/20 at 7:31 pm to immobileman
quote:Considering the other evils going on during that time I find it highly doubtful.
They couldn’t conceive the Left.
Posted on 10/26/20 at 7:32 pm to tigerpawl
Founding fathers are far from perfect people. I also don't like elderly people barely holding on to life making long lasting decisions.
The life long appointment just encourages each party to pick young justices so they can serve a long time rather than the best justices.
But 9 is just as much an arbitrary number as it wasn't the original number of justices. I don't like to see it increased as it will be in the 20s before we know it
The life long appointment just encourages each party to pick young justices so they can serve a long time rather than the best justices.
But 9 is just as much an arbitrary number as it wasn't the original number of justices. I don't like to see it increased as it will be in the 20s before we know it
Posted on 10/26/20 at 7:32 pm to SlowFlowPro
quote:Because SCOTUS was never intended to have the power that John Marshall coopted for it.
Why didn't the Framers write rules to prevent court-packing??
Posted on 10/26/20 at 7:32 pm to Covingtontiger77
quote:I've often thought it would make a GREAT movie to take a handful of the Framers into the present and let them look around. Their reactions would be memorable, I'm sure.
There’s a shite ton of stuff that if I had a time machine I would bend their ears on.
Posted on 10/26/20 at 7:34 pm to tigerpawl
The real question is how do we prevent court packing and adding DC and Puerto Rico as states? Are there enough Democrats in Red States to put the brakes on this nonsense?
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News