A mentally unstable person with a machine gun, or its equivalent an AR-15, kills ten others. Horror or horror. Folk going about their daily lives visiting a supermarket are gunned down. We weep, we cry, we pray, and we forget in a day or two. Then a mentally unstable person with a machine gun, or its equivalent an AR-15, kills ten others. Horror or horror. Folk going about their daily lives visiting a supermarket are gunned down. We weep, we cry, we pray, and we forget in a day or two. It’s gun ground hog day in America courtesy of the Supreme Court which equates AR-15’s with muskets.
Article III, Section 1, of the Constitution provides: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish . . . .”
The number of judges on the Supreme Court was not established as being 9 until 1869. Prior to that it had been down to 6 and up to 10. Taking the population of the United State in 1870 we can see it was 38,500,000 – or one supreme court judge for about every 4,300,000 people. The present population is 330,000,000. Right now there is one judge for every 37 million people.
That would be close to having back in 1870 one judge for all the people. Now if we adjust the figures to what we had back in 1870 – that is one judge for every four million three hundred thousand people – we would have 77 Supreme Court Justices.
Now there is no way uniform justice can be accomplished with so few judges deciding for so many people. There seems no reason why we have to stick with such an outdated system. We must adjust to the times.
Especially now must we change things since the court with nine justices which governs by a simple majority of five which leaves it up to five judges telling 330 million people how they can enjoy their rights makes little sense. Worse, the judges are picked by what their political leanings are which allows one political philosophy to dominate all Americans.
Remember this Supreme Court in the past declared Blacks were chattels, overruled laws outlawing child labor, crushed unions, had no problem with racial segregation or hidden political contributions. Why was that? It was simply that it represented on political viewpoint.
I suggest it is time to enlarge the Supreme Court. I would propose that there be 25 judges – 10 by Democrats and 10 by Republicans. The remaining 5 would be nominated by a Justices Selection Committee (JSC) made up of an intelligent combination of folk from all walks of life with no axes to grind.
Each case would initially be heard by 2 from each party and one from the JSC. Most cases would be non controversial affecting isolated issues. Cases of national significance would be heard by 10 justices and those highly significant would be heard by the whole court.
America will tear itself apart if one political philosophy takes control with no moderating factors. We see that in the absurd Heller decision on guns. Time for a change. By its past record there is not reason to think that nine is a good number on the Supreme Court.