Senator Chris Murphy has dismissed claims by the supreme court justice, Samuel Alito, that the Senate has āno authorityā to create a code of conduct for the court as āstunningly wrongā.
The Connecticut Democrat made those remarks in an interview on CNNās State of the Union on Sunday, adding that Alito āshould know that more than anyone else because his seat on the supreme court exists only because of an act passed by Congressā.
āIt is Congress that establishes the number of justices on the supreme court,ā Murphy said. āIt is Congress that has passed in the past requirements for justices to disclose certain information, and so it is just wrong on the facts to say that Congress doesnāt have anything to do with the rules guiding the supreme court.ā
Yes but Congress āchecksā SCOTUS by nominating and approving (Senate only) justices, allocating resources for the appellate courts and impeaching justices. Not by regulating their moral character.
An ethics process similar to the ethics process in the House and Senate would not be something Congress could implement without a Constitutional Amendments. In theory SCOTUS could implement it upon themselves (although they lack the power to remove/censure their fellow justices like the House and Senate can do), but they could only request Congress impeach someone who failed the ethics review.
Reread Article 3, please. Congress structures the Courts, and justices hold their positions during āgood behaviorā. Doesnāt it follow that Congress can establish what āgood behaviorā means?
If they arenāt physically accountable to anyone then they might as well be the unelected Junta of the United States. Someone has to determine what good behavior actually is, and if itās them themselves then that flies in the face of the entire interdependent system of government we have.
If you go by the strict interpretation of the constitution, the SC isnāt even the highest court. Itās only the interstate court. They appointed themselves the highest court in a case.
"The courtās power and prestige grew substantially during the Marshall Court (1801ā1835).[17] Under Marshall, the court established the power of judicial review over acts of Congress,[18] including specifying itself as the supreme expositor of the Constitution (Marbury v. Madison)[19][20] "
https://en.m.wikipedia.org/wiki/Supreme_Court_of_the_United_States
So they basically said āIām in charge because I said soā. Thatās precarious at best, and it would just take Congress to say āno youāre notā for it to fall apart.
I really think this is something that could be argued. You seem to be arguing for a strict interpretation of the constitution rather than a lot of ones we see today that have changed repeatedly and/or made more modern interpretations. A strict interpretation would also mean that the supreme court doesnāt have the power to decide if laws are constitutional or not as thatās not specifically in the constitution nor granted with an amendment.
https://constitution.congress.gov/constitution/article-3/
Congress shouldnāt be able to implement arbitrary rules on the Judicial branch any more than the Executive branch should. Internally, SCOTUS already has self-imposed ethics rules that are suppose to be followed; similar to the ethics rules in Congress passed for itself.
What do you think judicial power is? The power to hold dinner parties itās? Itās literally the power to interpret the law. Its not written because everyone with half a brain can understand that.
Then maybe a super strict āas writtenā interpretation of the constitution is dumb.
Except that is an āas writtenā interpretation because it would take intentionally misunderstand to not understand what judicial powers entail. You arenāt making a point against anything, just being dumb.