Constitutional Powers of the US Supreme Court

Constitutional Powers of the US Supreme Court

The United States Supreme Court has Usurped Many Powers Not Granted to It by the US Constitution

"[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid …
- Alexander Hamilton

The US Constitution Clearly Defines and Limits Court's Powers

Section 2 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
- US Constitution

Authority to Hear Cases ONLY Involving Federal Laws

To decide on the Constitutionality of  Federal Laws enacted by Congress is the right of the US Supreme Court. These are laws that apply to all 50 States. The laws must not contradict the Bill of Rights or the Rights of the States and/or People. The US Constitution delegates all other Judicial Authority to the States and People.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
- 10th Amendment US Constitution

To Controversies to which the United States shall be a Party..

If a state or Citizen sues the US Government, the Supreme Court (and Federal Courts) have the Authority to Hear the Case.

to Controversies between two or more States;—between a State and Citizens of another State;  —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Notice that unless the dispute crosses State Lines, the Federal Courts have no authority. These issues are to be decided by the State Courts. 

The US Supreme Court has no Law-Making Powers-Case Law

The US Supreme Court and all other Federal Courts, have no law-making powers. They are limited to the settling of disputes using the laws established by Congress. One of the main issues of course, is so-called Case Law. Using previous Court Decisions that contradict Current Federal Law is a game lawyers play to muddy the waters. Current Law always trumps Case Law. Remember, only Congress has the Constitutional Power to Make Laws. The Courts do not.

The US Supreme Court Cannot Make up Constitutional Rights.

To prevent a well-funded minority, or special interest from using corrupt judges to enforce their will on the majority, the Constitution forces the document to be amended to add additional rights. Some Unconstitutional Rights that the US Supreme Court has created include:
  • Right to a Taxpayer Funded Attorney
  • Right to Manufacture and Distribute Pornography
  • Right to Run a Gambling Establishment
  • Right to an Abortion
  • Right to Same-Sex Marriage
  • Right to Federal Death Penalty Appeal after State Conviction
  • Right to a Taxpayer Funded Education

Majority Rules: Minority Rights

In all of the above examples, the Supreme Court usurped the Rights of the States, and the People, to decide which standards their state would set. By law, the States and the People have the right to ignore these Unconstitutional Court Decisions, simply because they extend beyond the Supreme Court's Constitutional Mandate.  The Basic Principal is that All Men Have the Right to Life, Liberty and Property. No man has any more rights under the law than any other man. Otherwise, we have created a Dictatorship.
26 Now it is not common that the voice of the people desireth anything contrary to that which is right; but it is common for the lesser part of the people to desire that which is not right; therefore this shall ye observe and make it your law—to do your business by the voice of the people. 
 27 And if the time comes that the voice of the people doth choose iniquity, then is the time that the judgments of God will come upon you; yea, then is the time he will visit you with great destruction even as he has hitherto visited this land.
- Mosiah 29

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