Alito: Congress has no authority
-
Does the budgetary control provide Congress with an implied oversight?
-
Does the budgetary control provide Congress with an implied oversight?
@LuFins-Dad said in Alito: Congress has no authority:
Does the budgetary control provide Congress with an implied oversight?
Good question. Seems to wrt the Executive.
Is that a Constitutional or legislative thing? IOW, did Congress just legislate itself the ability to oversee the Executive?
-
Many of the rulings the left is bitching about could have been resolved without even getting to the courts through legislative process, but the Democratic controlled Congress chose not to codify Roe V Wade or Student Loan Forgiveness. Tough on them. The other cases involved preventing Government from infringing on the rights of individuals. They were frankly pretty cut and dry decisions. Implied rights ≠ Explicit rights.
This whole oversight issue is not about actually maintaining a true ethical standard for officials, otherwise 2/3rds of Congress would be removed from office. It’s about trying to find a means to punish the court for decisions that Congress doesn’t like. Not their job. Legislating is, and they are doing a damn poor job of it.
-
Chris Murphy: Alito ‘stunningly wrong’ in saying Congress can’t regulate SCOTUS
“It’s just stunningly wrong. And he should know that more than anyone else because his seat on the Supreme Court exists only because of an act passed by Congress,” Murphy said Sunday during an interview on CNN’s “State of the Union.”
Murphy slammed Alito’s remarks to the Journal, saying Sunday it is “even more disturbing that Alito feels the need to insert himself into a congressional debate.”
“It’s just more evidence that these justices on the Supreme Court, these conservative justices, just see themselves as politicians. They just see themselves as a second legislative body that has just as much power and weight to impose their political will on the country as Congress does,” Murphy told host Kasie Hunt.
“It’s why we need to pass this common sense ethics legislation to at least make sure we know that these guys aren’t in bed having their lifestyles paid for by conservative donors, as we have unfortunately seen in these latest revelations.”
Pass the popcorn. Congress passes "common sense legislation." Someone (with standing - a SCOTUS Justice, perhaps?) sues. SCOTUS determines such legislation is unconstitutional based on separation of powers.
-
To me, it makes sense to have some sort of "ethics" requirements, no matter who puts it in place, even if they do it themself.
Not sure why the Supreme Court judges seem to be resisting it.
-
To me, it makes sense to have some sort of "ethics" requirements, no matter who puts it in place, even if they do it themself.
Not sure why the Supreme Court judges seem to be resisting it.
@taiwan_girl said in Alito: Congress has no authority:
Not sure why the Supreme Court judges seem to be resisting it.
Co-equal branch, and it's a matter of
not letting the camel poke its nose under the tent flapprinciple. The Supreme Court has no authority over how Congress elects its committee memberships, what the rules for legislation are, or what ethics rules it implements. That door swings both ways. -
@taiwan_girl said in Alito: Congress has no authority:
Not sure why the Supreme Court judges seem to be resisting it.
Co-equal branch, and it's a matter of
not letting the camel poke its nose under the tent flapprinciple. The Supreme Court has no authority over how Congress elects its committee memberships, what the rules for legislation are, or what ethics rules it implements. That door swings both ways.@George-K said in Alito: Congress has no authority:
@taiwan_girl said in Alito: Congress has no authority:
Not sure why the Supreme Court judges seem to be resisting it.
Co-equal branch, and it's a matter of
not letting the camel poke its nose under the tent flapprinciple. The Supreme Court has no authority over how Congress elects its committee memberships, what the rules for legislation are, or what ethics rules it implements. That door swings both ways.I absolutely understand that. But, it would be pretty easy to write up a set of standards for themselfs. It just does not look good.
As you have say, "it is the appearance"
-
Supreme Court Associate Justice Samuel Alito on Friday asserted that Congress lacks the authority to regulate the top bench amid a push from Senate Democrats to force the court to reform its handling of ethics issues following critical reporting on some of the justices' disclosures or lack thereof.
"I know this is a controversial view, but I’m willing to say it... No provision in the Constitution gives them the authority to regulate the Supreme Court—period," he told the Wall Street Journal in an interview.
His comments follow efforts from the Senate Judiciary Committee to require that the court draft a code of conduct and create a process by which the public may submit complaints against its members over ethics issues.
The committee approved the Supreme Court Ethics, Recusal and Transparency Act on a party line 11-10 vote last week. Republicans have contended that the effort represents a Democratic attempt to rein in the Supreme Court amid frustrations over a string of recent conservative decisions, which Chairman Dick Durbin, D-Ill., denies.
@George-K said in Alito: Congress has no authority:
"I know this is a controversial view, but I’m willing to say it... No provision in the Constitution gives them the authority to regulate the Supreme Court—period," he told the Wall Street Journal in an interview.
Judge Kagan disagrees a bit.
"Kagan said it was unclear what precisely Alito may have been asked when he told the Wall Street Journal "Congress did not create the Supreme Court" and as a result lawmakers do not have the authority to regulate the nation's highest court."
But...............
"....said there are clearly examples of Congress' ability to regulate the court. The liberal justice did say there were limits though, The Washington Post reported.
"Of course, Congress can regulate various aspects of what the Supreme Court does," she said. "Congress funds the Supreme Court. Congress historically has made changes to the court's structure and composition. Congress has made changes to the court's appellate jurisdiction." "
-
@George-K said in Alito: Congress has no authority:
"I know this is a controversial view, but I’m willing to say it... No provision in the Constitution gives them the authority to regulate the Supreme Court—period," he told the Wall Street Journal in an interview.
Judge Kagan disagrees a bit.
"Kagan said it was unclear what precisely Alito may have been asked when he told the Wall Street Journal "Congress did not create the Supreme Court" and as a result lawmakers do not have the authority to regulate the nation's highest court."
But...............
"....said there are clearly examples of Congress' ability to regulate the court. The liberal justice did say there were limits though, The Washington Post reported.
"Of course, Congress can regulate various aspects of what the Supreme Court does," she said. "Congress funds the Supreme Court. Congress historically has made changes to the court's structure and composition. Congress has made changes to the court's appellate jurisdiction." "
@taiwan_girl said in Alito: Congress has no authority:
@George-K said in Alito: Congress has no authority:
"I know this is a controversial view, but I’m willing to say it... No provision in the Constitution gives them the authority to regulate the Supreme Court—period," he told the Wall Street Journal in an interview.
Judge Kagan disagrees a bit.
"Kagan said it was unclear what precisely Alito may have been asked when he told the Wall Street Journal "Congress did not create the Supreme Court" and as a result lawmakers do not have the authority to regulate the nation's highest court."
But...............
"....said there are clearly examples of Congress' ability to regulate the court. The liberal justice did say there were limits though, The Washington Post reported.
"Of course, Congress can regulate various aspects of what the Supreme Court does," she said. "Congress funds the Supreme Court. Congress historically has made changes to the court's structure and composition. Congress has made changes to the court's appellate jurisdiction." "
In context with the Schumer/Alito debate, that argument is kinda irrelevant.
