Anonymous ID: 813b70 Dec. 26, 2018, 5:47 p.m. No.4479983   🗄️.is 🔗kun   >>0102 >>0130 >>0179 >>0222 >>0369 >>0477 >>0579 >>0598 >>0660

lawfag here - posted a note about the number of members of SCOTUS and many anons correctly observed that expansion of a bad thing was prolly also a bad thing - i kind of agree but we do have the problem of how to limit the power of these unelected lifetime judges - so i went back to the source

 

article 3 section 1 established the judicial branch of govt, and provides ONLY that: 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.

 

OK yes - ONE court thats it - however section 2 provides that SCOTUS only has APPELLATE (review) jurisdiction in most cases - so clearly a system of inferior TRIAL courts was envisioned. Section 2 further states that in the case of federal crimes such cases… "…shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed…" So if there are federal crimes then some forum needs to be provided in each state.

 

Section 2 goes onto describe what is known as the "original jurisdiction" of SCOTUS - the main categories are 1) cases under the constitution and/or federal law; this is so SCOTUS can apply interpret and enforce federal - as opposed to state - laws; 2) cases between 2 states - this was to allow a "neutral" forum not controlled by one state, and 3)cases between citizens of different states - known as "diversity jurisdiction" and again designed to allow a "neutral" forum not controlled by the state of one citizen. All those cases are heard in the "inferior" courts which conduct trials.

 

so this is what we have anons - its hard to believe this sensible framework has evolved into such a massive mess - i am certain a GOOD congress could do much much better - well just for keks as long as we are talking article 3 i would remiss to leave out section 3 for your reading pleasure…

 

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

 

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. NOTE - this means no treason trials AND no forfeitures against the deceased, AND that the heirs cannot forfeti their inheritance even though dead relative was a TRAITOR - ring any bells anons?