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ArtIII.S1.8.5 Congressional Power to Abolish Federal Courts

Posted on 11/27/25 at 9:36 am
Posted by loogaroo
Welsh
Member since Dec 2005
39757 posts
Posted on 11/27/25 at 9:36 am
What does “exiting” mean in this context?

quote:

With respect to the lower federal courts, the constitutional authorization for Congress to from time to time ordain and establish inferior courts may imply that Congress can alter the system it establishes, including by eliminating exiting federal courts.3


https://constitution.congress.gov/browse/essay/artIII-S1-8-5/ALDE_00013561/
Posted by Harley Cat
Member since May 2022
9 posts
Posted on 11/27/25 at 9:40 am to
Typo? Existing makes more sense.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28168 posts
Posted on 11/27/25 at 9:43 am to
Abolishing federal courts was perfectly legal when Lincoln was doing it. And precedent is holy and sacrosanct. Stare Decisis, yo!
Posted by BarnHater
Member since May 2015
7786 posts
Posted on 11/27/25 at 9:44 am to
We elected Trump to have his policies be put in place. If the federal courts are preventing that, we must abolish them.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62745 posts
Posted on 11/27/25 at 9:45 am to
The Supreme Court is the only Constitutionally-mandated court. All others are legislatively created and can be abolished by legislation.
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2211 posts
Posted on 11/27/25 at 9:50 am to
quote:

The Supreme Court is the only Constitutionally-mandated court. All others are legislatively created and can be abolished by legislation.
Correct.

And the OP’s wholesale gutting of the federal court system is not going to happen.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62745 posts
Posted on 11/27/25 at 10:06 am to
quote:

And the OP’s wholesale gutting of the federal court system is not going to happen.


Not in a million years.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57977 posts
Posted on 11/27/25 at 10:37 am to
quote:

The Supreme Court is the only Constitutionally-mandated court. All others are legislatively created and can be abolished by legislation.


Correct, but there's not nearly enough political will to begin doing so.
Posted by loogaroo
Welsh
Member since Dec 2005
39757 posts
Posted on 11/27/25 at 11:00 am to
quote:

And the OP’s wholesale gutting of the federal court system is not going to happen.


I never said that alter troll.

Go play somewhere else.
Posted by RCDfan1950
United States
Member since Feb 2007
38767 posts
Posted on 11/27/25 at 11:37 am to
nd the OP’s wholesale gutting of the federal court system is not going to happen.“(Quote RA)

So a politically biased Judiciary trumps all other Branches with their subjective ‘Rulings’? Ha. Half or much more of the population will dump them and their supposed authority when push comes to shove. Minus respect they are just people dressed in a black robe if they lose the respect of the populace. Which they are fast doing. Their days are numbered any way it goes lest they get back to the Constitutional Principles which empowers them and “blind justice “.
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