Article 3 Courts cant be regulated in any way by the Article 1 legislatures or by the Article 2 executive. They are co equal branches.
The process would need to be 2/3 of the State legislatures calling for a Convention of States to even propose a Constitutional Amendment. Then 3/4 of the State legislatures would be needed to ratify it.
In simple terms -- not happening. Im really surprised it took an hour for anyone to mention this.
There are two main themes in the Constitution and both are at play here. The first is separation of powers. This creates 3 co equal branches of government and provides the doctrine of checks and balances. This way no single branch can run amok.
The second theme is division of powers. That is every power that is not specifically reserved in the Constitution for the three branches of the federal government belong to the States and the People (a nod to the Articles of Confederation). Only the will of the People can amend the Constitution. The Feds have ZERO power to do so. They arent involved one bit.
The Framers never intended the federal government to be this powerful. You can see this by the Articles of Confederation that preceeded the Constitution and by reading the Constitution itself. 250 years of mission creep, begun by Alexander Hamilton, has brought us to this place. (Actions taken by Lincoln in his efforts to save the Republic during the Civil War moved this forward greatly.)
(Why were the Articles of Confederation superseded by the Constitution? One simple word -- taxation. The Articles left the fed with no way to pay the war debt for the War of Independence. They constructed a very weak federal government with almost all power going to the individual States. The Federalist Papers are a series 85 essays published in various NY newspapers in 1787-1788, written by John Jay, James Madison and Alexander Hamilton, to convince New Yorkers to ratify the Constitution. Hamilton was the biggest proponent of a strong federal government and executive with a central bank. Our earliest political battles were over this issue and they were quite heated.)
Article 3 Courts cant be regulated in any way by the Article 1 legislatures or by the Article 2 executive. They are co equal branches.
The process would need to be 2/3 of the State legislatures calling for a Convention of States to even propose a Constitutional Amendment. Then 3/4 of the State legislatures would be needed to ratify it.
In simple terms -- not happening. Im really surprised it took an hour for anyone to mention this.
I know....most can't even name the 3 branches off the top of their heads...
There are two main themes in the Constitution and both are at play here. The first is separation of powers. This creates 3 co equal branches of government and provides the doctrine of checks and balances. This way no single branch can run amok.
The second theme is division of powers. That is every power that is not specifically reserved in the Constitution for the three branches of the federal government belong to the States and the People (a nod to the Articles of Confederation). Only the will of the People can amend the Constitution. The Feds have ZERO power to do so. They arent involved one bit.
The Framers never intended the federal government to be this powerful. You can see this by the Articles of Confederation that preceeded the Constitution and by reading the Constitution itself. 250 years of mission creep, begun by Alexander Hamilton, has brought us to this place. (Actions taken by Lincoln in his efforts to save the Republic during the Civil War moved this forward greatly.)
(Why were the Articles of Confederation superseded by the Constitution? One simple word -- taxation. The Articles left the fed with no way to pay the war debt for the War of Independence. They constructed a very weak federal government with almost all power going to the individual States. The Federalist Papers are a series 85 essays published in various NY newspapers in 1787-1788, written by John Jay, James Madison and Alexander Hamilton, to convince New Yorkers to ratify the Constitution. Hamilton was the biggest proponent of a strong federal government and executive with a central bank. Our earliest political battles were over this issue and they were quite heated.)
... plus, most don't understand that the 3 branches are equal, as intended, in order to implement the "checks and balances".
Good point