Thom Hartmann: Important! Newt is right about the Supreme Court

[thomhartmann]

Run time: 06:37 https://www.youtube.com/watch?v=MJNcr7yJM0o   Posted on YouTube: July 13, 2011 By YouTube Member: TheBigPictureRT Views on YouTube: 109   Posted on DU: July 13, 2011 By DU Member: thomhartmann Views on DU: 1069

 
On this, Gingrich agrees with former President Thomas Jefferson - and most of the other founders of this country. Let's break it down.

First, Newt's assertion that the Congress can pass laws that limit the powers and behavior of the Supreme Court. The Constitution, in Section Two of Article Three which establishes the Judiciary, does give Congress the power to define and limit what the Supreme Court can and can't do. Here's the exact language, "The Supreme Court shall have appelate jurisdiction both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." Yes, that's what the Constitution says - in plain black and white. If Congress disagrees with - for example - the Citizens United decision, or the Bush v. Gore meeting - they can simply pass a law that says that the Supreme Court has overstepped its authority and that's the end of that.

Why, you may ask, did the Founders write it this way?

The answer is really simple. They wanted the greatest power to be closest to the people - and Congress is up for election every two years. It's the body in our representative democratic republic that is closest to the people. It's where they wanted most of the power, which is why it's defined in Article One of the Constitution - the first among equals. As Thomas Jefferson wrote in an 1820 letter to Mr. Jarvis, who thought Supreme Court justices should have the power to strike down laws, "You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy....The Constitution has erected no such single tribunal... I know of no safe depository of the ultimate powers of the society, but the people themselves."

Please read the Constitution. Nowhere in it does it say that the Supreme Court can strike down laws passed by Congress and signed by the President. Nowhere!

And for the first fourteen years of our Republic, the Court never even considered the idea. As Newt pointed out, Hamilton wrote in Federalist 78, "Then indeed is our Constitution a complete felo de so." "The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine our Constitution... I will say, that 'against this every man should raise his voice,' and, more, should uplift his arm."

Why? Because, Jefferson said, "For judges to usurp the powers of the legislature is unconstitutional judicial tyranny....One single object...will entitle you to the endless gratitude of society; that of restraining judges from usurping legislation." The power of We The People should be with the People and their elected officials, not 5 lawyers who have claimed the right to rule over every other branch of government.

Somebody tell Congress to wake up!

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[fasttense]

1. The Dancing Supremes are at the root of all evil in America.

They caused W to be US President. They made corporations people too.

[Ruby the Liberal]

2. Awesome job, Thom. This should be required viewing.

I am astonished that no one in Congress has taken on the Citizens United ruling. Russ Feingold and John McCain spoke out after it dismantled their campaign finance law, but after that, it seemed to fade from memory. It would be interesting to see a challenge to the SCOTUS from those "closest to the people".

This was explained very well, sir.

k&r

[defendandprotect]

3. Well, keep in mind that what Hartmann is saying is no "Brown vs Board of Ed" and no "Roe vs Wade" ..

and no "Miranda rights" --

Basically I have no problem with our courts -- or the Supreme Court -- EXPANDING

civil rights -- human rights -- supporting the Constitution by fighting for equality

for all -- even fighting for economic democracy!

ESPECIALLY when our Congress and elected officials fail to move to protect citizens

of color -- or females -- or those victimized by corrupt policing and corrupt courts/

judges.

Our problems have more to do with the rightwing corruption of our courts/Supreme Court -

and the attempt to LIMIT civil and human rights --

and the elevating of corporate rights to personhood!!


As for Congress -- keep in mind also that they should have had a great deal to say about

Bush's Signing Statements -- because it is up to Congress to see that the legislation/

laws they pass are carried out with the "spirit and intent" with which they were passed!!


When our Congress is bribed and pre-owned by corporate money, you're not going to see much

in the way of affirming citizen or human rights --

rather, they are in place now to do not what's best for the people -- but for corporations

and elites/wealthy!!

[TomClash]

4. I have a message for you

Be careful what you wish for. You just might get it.

[damntexdem]

5. Yeah, now all they need is for the SCOTUS to rule in their favor on this reading of the Constitution

LOL!

[pam4water]

6. K&R