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
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.