On This Day in History: September 27, 

2019May God Bless and Save the United States of America – Our Constitutional Republic !

Federalist Papers 2020 #4A On Article III – Judicial Power and Our Judeo-Christian Heritage

It is the year of our Lord Twenty Twenty and of the United States of America the Two Hundred Forty-four. The majority of our citizenry lives in some degree of affluency when compared to the rest of the world, yet at this time, We the People have seemingly lost our way. Where are the fervor and zeal of our Founding Fathers and those of our patriotic ancestors who established our Constitutional Republic as a bastion of Liberty? There must be some cause, some good reason, why our Founding Fathers and our patriotic ancestors were so eager for Liberty then; and, now We the People are eager for the servitude (slavery) of Socialism. Therefore, I have determined to lay aside my Quill Pen and take Keyboard in hand to once again write in defense of our divinely inspired Constitution.

Our Founding Fathers were true Statesmen, whose only desire was for the good of our fledgling nation and the Liberty and Freedom of We the People. It is true they had loyalty to their several States, but they had no “Party” loyalties because political parties only emerged during the administration of President George Washington. He is the only President in our history not to belong to or have allegiance to a political party.

In Federalist Paper 2020 #1, the six purposes We the People had for establishing our Constitutional Republic were covered as stated in the Preamble. In Federalist Paper 2020 #2, Article I on the Legislature was covered. In Federalist Paper 2020 #3, Article II on the Executive, the President, and the possible effects of the XXV Amendment on the 2020 Election Cycle was covered.

We the People need to reflect and consider now on the Judiciary, the Supreme Court, as set forth in Article III. Judicial Power.

Section 1 of this Article states: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

There are currently Nine Supreme Court Justices and 179 inferior federal judges serving on the U.S. Circuit Courts authorized by Congress in 28 U.S.C. § 43. Like other federal judges, they are nominated by the President of the United States and confirmed by the United States Senate. As mentioned above they “hold their Offices during good Behaviour,” Usually for life. They serve in thirteen circuits each which has a Court of Appeals. There are eleven numbered circuits and the D. C. Circuit. The thirteenth circuit is nationwide and only hears cases based upon subject matter.

These circuit courts hear the bulk of the federal cases and adjudicate them. All trials are by jury except trials of impeachment. Their rulings are generally final as the Supreme Court only hears a very limited number of cases each year.

Article III. Section 2. States that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the several States or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts.

Most of the cases the Supreme Court hears are appeals from lower courts. Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a Writ of Certiorari. The Supreme Court is under NO obligation to hear cases on appeal. It usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit Courts, and/or could have precedential value.

In fact, the Court usually accepts only 100-150 of the more than 7,000 cases that it is asked to review each year. Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue).

The Supreme Court sets its own rules. A Writ of Certiorari is only granted when four of the nine Justices vote to accept a case. It takes five of the nine Justices to grant a stay, e.g., a stay of execution in a death penalty case. Under certain instances, one Justice may grant a stay pending review by the entire Court.

These “guardians” of our divinely inspired Constitution should be the most conservative body of individuals in the land. They should be individuals steeped in knowledge concerning the writings of the Founding Fathers and those whom they studied to formulate our Constitution. They should be individuals steeped in the Judeo-Christian Ethic which is the basis for most of what was written into our divinely inspired Constitution, as well as, the basis for most of the common and codified law of the States and the United States.

For the first One Hundred Fifty years of the history of the Supreme Court it held to both the “Spirit” and the “Letter” of the Constitution as our Founding Fathers intended. But the Court then began to digress from their traditional Constitutional views?

This decline began during the Administration of President Franklin D. Roosevelt. Because of the unconstitutional rulings on parts of his New Deal, he determined to appoint Justices who would agree with his progressive and socialist philosophy rather than the views set forth by the Founding Fathers in our Constitution. He began this process with the nomination of Hugo Black in 1937 and carried it through with seven other nominations. The last of which was Wiley Blount Rutledge in 1943.

Our Presidents, for the most part, from that time forward have forgotten the purpose of our Supreme Court to be “guardians” of the Constitution. They began to nominate to the Court Justices, activist Justices, who supported the President’s views with little interest in their Constitutional understanding. There was little desire to preserve the spirit of our divinely inspired Constitution. There was only a desire to have personal Presidential views and objectives sustained by the Supreme Court. This action contravenes and far exceeds the desires of the Founding Fathers to “bind them down by the chains of the Constitution.” It seeks to bind the prospective Justice with the “Chains of Personal Presidential Ideology.” This process has come to be referred to as “Packing the Court.”

There is often talk during confirmation hearings of “litmus tests.” If any litmus test should be applied to the selection of Supreme Court Justices, it should be the litmus test of the Founding Fathers. A litmus test to determine if the prospective Justice would support “Constitutional Supremacy” over “Judicial Supremacy and/or Presidential Ideology.” A litmus test to ensure against legislating through activism from the Bench. A litmus test which would determine that the prospective Justice will only consider the constitutionality of the matter before them according to the spirit and letter of our Constitution as intended by the Founding Fathers. In this regard, We the People, as a nation, need to:

  1. Realize that it does NOT take a law degree to understand the Constitution. In fact some of the better Constitutionalists have never been to law school.
  2. Require the President to select and the Senate to confirm prospective Justices based upon the Justice sustaining both the letter and the spirit of our divinely inspired Constitution.
  3. Ensure that personal ideology is never allowed to again creep into this most conservative of all bodies of our Constitutional Republic.

It is only by this that we can preserve our Constitutional Republic and “secure the Blessings of Liberty to ourselves and our Posterity.”

God save the United States and this Honorable Court !

May God Bless and Save the United States of America —
Our Constitutional Republic !

Publius