Congress or the Supreme Court: Which Shall Rule America?

By Egbert Ray Nichols | Go to book overview

VARIOUS PROPOSED CHANGES TO CURB
THE SUPREME COURT
Various changes that have been proposed from time to time to curb the Supreme Court are:
1. 1. An amendment of the Federal Constitution providing that where the Supreme Court of the United States has held an act of Congress repugnant to the fundamental law, and the Congress reenacts the act, the court shall not have the power to hold it void or disregard it.
2. 2. The repeal of the statutes providing for the exercise of the appellate jurisdiction of the Supreme Court in cases involving Federal constitutional questions.
3. 3. An act of Congress requiring that in all cases involving the constitutionality of a statute duly enacted by Congress, the statute shall not be held invalid without the concurrence of 7 of the 9 members of the court.
4. 4. An amendment of the Federal Constitution giving the President, or either House of Congress, the right to require from the Supreme Court an opinion upon the constitutionality of any act passed by Congress before it becomes a law.
5. 5. The Court's power could be limited by "packing the bench." Congress might increase the number of justices to secure favorable decisions.
6. 6. The power of the Supreme Court could also be curbed by abolishing its right to receive cases on appeal from the Lower Courts.

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