Yes Glenn, it really is in the Constitution

Posted on September 7, 2006

Just moments ago on the Glenn Beck radio program, a caller attempted to explain to Glenn that (to paraphrase), Congress has the constitutional power and authority to restrict the subject matter that the federal courts, including the Supreme Court, may rule upon. Probably owing to the suspect caller, Mr. Beck seemed rather incredulous about such an odd and radical notion.

The thing is, it’s true. And Mr. Beck is correct in noting that “Schoolhouse Rock didn’t cover this”, and “I don’t think I was taught that in school”. That’s why my pet website exists, really, because there are enourmous gaps between the way the courts behave and the way the Constitution was meant to be understood and function.

So, one more time by the numbers. The Constitution defines the boundaries of what each branch of government has the power to do. Article III establishes the Supreme Court and spells out the rules for what it can and cannot do. There need not be any federal courts of any kind other than the Supreme Court itself. All of other federal courts exist at the will of Congress.

The Supreme Court, and whatever federal courts Congress establishes and allows to continue to exist, have original jurisdiction over certain things. Those are: all cases involving ambassadors, other public minsters and consuls, and cases in which a State is a party. In those types of cases, the federal courts have “original jurisdiction” which means that the courts have jurisdiction to begin a case. As clearly as I can state is that original jurisdiction is the authority to conduct a trial. That is completely separate from appellate jurisdiction — and it is in the courts’ exercise of appellate jurisdiction where case law is made and our society and culture changed at the whim of the robed ones.

The Constitution also spells out those matters over which the federal courts may have appellate jurisdiction. Those are more expansive and include any case arising under the Constitution or laws of the United States. So that covers a lot of ground, but that is not the end of the story.

Other than the original jurisdiction cases, Congress may deny the Supreme Court appellate jurisdiction over any other kind of case. Like ones regarding abortion and school prayer and all of those other issues that the Left uses the courts for shoving their morality down the nation’s throat.

Enough editorializing. Sorry about that. I’m trying to educate here.

Bottom line: Congress can tell the Supreme Court that it may not hear any issue outside of its original jurisdiction cases, and can abolish all other federal district and circuit courts at will. Does that give you the picture that the Constitution sets the Supreme Court to be the final word on any and all issues?

Really? C’mon.

Yes, Glenn, it is in the Constitution. Yes, Glenn, every once in a while someone in Congress bothers to read it and understand it. And yes, Glenn, you were not taught this in school.

By the way, I’m a big fan.

» Filed Under Activist Judges, History, Supreme Court

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Comments

2 Responses to “Yes Glenn, it really is in the Constitution”

Jay on September 7th, 2006 5:18 pm

A lesson many need to hear. Thanks for posting it here.
kerwin_brown on September 8th, 2006 3:07 am

Congress is limited by the U.S. Constitution but otherwise they have the same right to regulate the judicial branch as the executive branch. Judges hate it when Congress do so. I could give a couple of examples if they are needed.