A Senate Judiciary Committee Report on Court Packing

With the Progressive-Democratic Party having gained a strong majority in the Senate, it’s useful to recall many of that Party’s politicians’ promises to stack the Supreme Court by adding as many as six Justices to it. That recollection makes it imperative to further recollect an earlier move to stack the Court and a Senate Judicial Committee’s near-unanimous rejection of the move.

This bill  is an invasion of judicial power such as has never before been attempted in this country.
…
It is essential to the continuance of our constitutional democracy that the judiciary be completely independent of both the executive and legislative brunches of the Government, and we assert that independent courts are the last safeguard of the citizen, where his rights, reserved to him by the express and implied provisions of the Constitution, come in conflict with the power of governmental agencies. We assert that the language of John Marshall, then in his 76th year, in the Virginia Convention (1829-31), was and is prophetic:

[Spelling and punctuation in the original] Advert, sir, to the duties of a judge. He has to pass between the Government and the man whom the Government is prosecuting,; between the most powerful individual in the community and the poorest and most unpopular. It is of the last Importance that in the exercise of these duties he should observe the utmost fairness. Need I express the necessity of this? Does not every man feel that his own personal security and the security of his property depends on that fairness? The judicial department comes home in Its effect to every man’s fireside; it passes on his property, his reputation, his life, his all. Is it not, to the last degree, important. that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?

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It is a measure which should be so emphatically rejected that its parallel will never again be presented to the free representatives of the free people of America.

That’s from a report by the Senate Judiciary Committee, with its strong-majority membership of Democrats—its 7 June 1937 REORGANIZATION OF THE FEDERAL JUDICIARY report, an ADVERSE REPORT, regarding President Franklin Roosevelt’s (D) court packing bill.

Unfortunately, those were among the last of the Democratic Party politicians who aspired to a measure of integrity and of country before party. Today’s Progressive-Democrats, demonstrated by their drive to pack the Court with activist justices who will view our Constitution only as a collection of suggestions, are interested only in Party power and their personal power within it.

The Committee’s report can be read here.

 

h/t Senator Ted Cruz (R) via his Going Further: The Incomparable Clarence Thomas

Referenda Weren’t Part of the Blue Tsunami

In all of the voting that produced the collapse of the Republican Party in the last week, there were some bright spots where the people spoke directly for themselves rather than indirectly by electing politicians to speak for them. The people passed a number of conservative-oriented referenda.

  • Iowa…voters approved a constitutional amendment to require a two-thirds legislative majority for raising income taxes on residents or businesses.
  • Ohio…voted to shore up the state’s voter ID requirement by putting it in the constitution.
  • North Carolina…approved a constitutional amendment to cut the maximum income-tax rate to 3.5%, from 7%.
  • North Carolina also approved an amendment on voter ID.
  • Washington state approved a measure.
  • Colorado is on a path to Colorado’s barring biological males from competing in girls’ sports and a separate measure banning gender surgeries on minors also is ahead.
  • Arizona is on a similar path to protecting female athletes.
  • Kentucky voters amended their constitution to prevent lame-duck pardons.

However, even that silver lining is deeply buried in dark clouds; there’s still this:

  • Colorado voters repealed the state’s groundbreaking Taxpayer Bill of Rights and may saddle themselves with a progressive income tax.
  • Washington looks to have rubber-stamped a millionaire’s tax.
  • Arizona and California said no to voter ID.
  • Montanans and Michiganders voted for new restrictions on free speech under the guise of “campaign-finance reform.”