The following blog post is a response to the article, “Senate Republicans Offer Constitutional Amendment to Block Supreme Court Packing” published by THE HILL and written by Alexander Bolton on 10/19/20 3:44 pm E.D.T at https://thehill.com/homenews/senate/521736-senate-republicans-offer-constitutional-amendment-to-block-supreme-court.
January 26, 2022 (Internet publication date), we learned Senator Ted Cruz, (R-TX), and five other Republican Senators, Thom Tillis, (NC), Martha McSally, (AZ), Roger Wicker, (MS), Kelly Loeffler, (GA), and Cindy Hyde-Smith (MS have introduced a constitutional amendment to prevent Democrats from packing the Supreme Court. The proposed amendment reads: “The Supreme Court of the United States shall be composed of nine justices.”
Senator Wicker, in the news lately regarding Ukraine, in my opinion, is either uniformed of multiple subjects which he should be knowledge or the most likely a political prostitute, not one knowledgeable of the dictates of the Constitution. In reference to the Constitutional Amendment, are words taken from “The Hill” publications, dated January 25, 2022: “Proposals to pack” the Supreme Court and add seats to change its ideological balance should concern every American. There have been nine seats on the Supreme Court for more than 150 years, providing stability and trust in the rule of law.”
FACT CHECK, History Web Site article written by: Erin Schiff/The New York Times/Blomberg via Getty Image:
“Only since 1969 have there consistently been nine justices appointed to the Supreme Court. Before that, Congress routinely changed the number of justices to achieve its own partisan political goals, resulting in as few as five Supreme Court justices required by law under John Adams to as many as 10 under Abraham Lincoln.”
“The U.S. Constitution is silent about how many justices should sit on the Supreme Court. In fact, the office of Chief Justice only exists because it’s mentioned in the Constitution under Senate rules for impeachment proceedings (when the President of the United States is tried, the Chief Justice preside….)”
“It’s Congress, not the Constitution, that decides the size of the Supreme Court, which it did for the first time under the Judiciary Act of 1789. When George Washington signed the Act into law, he set the number of Supreme Court Justices at six.”
IMPORTANT HISTORICAL NOTE: “While there’s a lot of controversy today around replacing a Supreme Court Justice n an election year, Adams had no such qualms. In 1800, a month before the presidential election, Chief Justice Oliver Ellsworth resigned from the Court because of Illness. Adams nominated and Congress confirmed Ellsworth’s successor, John Marshal, on February 4, 1801, during the lame duck session of Congress.”
“Adams and the Federalists then went a step further. They passed the Judiciary Act of 1801 which decreased the number of Supreme Court Justices from six to five, further lowering the odds that Jefferson would be to nominate a new justice during his term in office.”
“In response, Jefferson and his new Congress quickly repealed the judiciary Act of 1801, bringing the number of justices officially back to six. And since no justice had died in the interim, the number of seated justices never actually dropped to five.”
“The last time Congress changed the number of Supreme Court justices was in 1869, again to meet a political end. Ulysses S. Grant was elected President in 1868 with the backing of the Congressional Republicans who had hated Johnson. As a gift to Grant, Congress increased the number of justices from seven back to nine, and Grant gamely used those perks.
Note: After the Civil War, Grant became a New York banker.
“The Supreme Court had just ruled that paper money was unconstitutional, which would have “wreaked havoc, “with the U.S. Treasury,” says Marcus.” But Grant and Congress quickly confirmed two new justices which reversed the Court’s decision in the earlier case, saving the Republicans from having to undo the nation’s entire system of legal tender.”
As a loyal defender of the U.S. Constitution, I learned a great deal from my research to respond to the latest attempt by members of the Republican Party and several Democrats to destroy our Constitutional Republic. Knowing their January 6, 2021, Insurrection attempt failed, Republicans under the leadership of twice impeached former President Trump, unfit McConnell, and unethical McCarty and, of course, Senator Cruz and the other five senators continue to violate their oath of office to defend the U.S. Constitution against all enemies foreign and domestic. The current actions emulate their unethical actions recently by refusing to approve the Voting Rights Bill and the John Lewis Act. For crying out, our nation suffered a War Between the States because more politicians would not comply with the dictates of the U.S. Constitution emphasizing all citizens are created equal. Based on the ingrained racism and greed in our country today, as in the 1850s and continued forward even with the 1960s Civil Rights Laws, the 2022 Congressional Session must make a honest effort to approved Constitutional Amendments, such as:
First and foremost, State Governors and their General Assembly (House and Senate) must demand their Washington, DC delegates, U.S. House of Representatives and U.S. Senate, legislate new words that address “State’s Rights” as the state government are the United States of America; the Federal Government is the glue that holds our Union together. State and territory taxes plus our citizens resourcefulness and integrity that assures the funds and security forces to maintain the government of the United States.
Additionally, there must be a Constitutional Amendment that declares whether the Congress of the United States duties are part or full time. The Constitution directed members of Congress would meet in the nation’s capital, the First Monday in December to conduct the nation’s Congressional business and then return to their applicable districts. The President and his Cabinet remained in Washington twenty-four seven, except for their legal days off. However, those members of Congress, without integrity and honor, in my opinion, realized the opportunity members obtained through their service to the nation which was power and wealth. Even though, our Revolutionary War ended royalty in our nation, Congress made the President a King and themselves Crown Princes. Moreover, if Congressional duties are full time, then immediate legislation must be approved to limit the non-session authority of the President and his Cabinet.
And, If Congress is full time or part time employment, then a hostel or dormitory type structure, with dinning, recreational and other necessities, must be constructed and all members of Congress reside in said facilities. The current policies of per diem and other benefits, especially the use of government aircraft and government facilities, are too costly to the people of the United States. Moreover, with today’s communications, there are no need for members of Congress to stay in Washington. For crying out loud, in today’s environment, members of Congress work three days per week: a total of approximately 98 days annually.
National elections must be funded through public taxation and the news media must allow said number of gratis hours for candidates to campaign. Political parties will be eliminated. States will develop policies to ensure only competent, honest individuals seek said offices of public trust. Integrity and honesty have long expired in our country and the international community. Members of the Federal Government should not be allowed to own Wall Street or other stocks of value while in office.
Legislation must be approved to make the Supreme Court truly a third but equal branch of the federal government. Political agendas are not above the laws nor individual in the United States above the laws of our nation.
Legislation must end the so-called special privileges by the President and other members of the federal government. No document should ever be classified unless public release would harm the United States.
The First Amendment must continue to allow worship however all federal support, regardless of the source, must be eliminated. Moreover, Congress must declare nationally and internationally, through the United Nations, NO GODS. Yes, the term Creator in the Declaration of Independence is correct as we do not know, nor will we ever know what caused the development and continued development of the Universe.
Congress must introduce legislation to forbid members from introducing legislation that are acts of war or obligate the government to remove foreign leaders start wars. No more empire building.
The Constitution must be revisited to reflect the 21st Century to include, especially Climate Change.
Consideration should be given to eliminate the U.S. Senate. They serve no purpose that can’t be accomplished by the U.S. House of Representatives.
Congress must end dual loyalties, hyphenated citizens. You are either a US citizen or not.
Our country’s form of government is a Constitutional Republic, not a theocracy.
Revoke or revise the Patriotic Act whereas ending the tasking of internet server or agencies to censor or delete one’s freedom of speech.
Lastly, the Federal Reserve must be revoke or revised returning our financial functions to the U.S. Treasury.