Thursday, December 8, 2016

Can Trump Dump the Federal Court System?






 TRUNEWS host Rick Wiles suggests that President-elect Donald Trump has it within his power to radically change the federal court system, by leveraging the power of Congress to either abolish or replace the current court structure in the United States.

Wiles postulates that the Republican controlled House and Senate, which according to the Constitution has the power to create courts, could thus disenfranchise or radically gut them.

This would shift judicial powers back to the states. In many ways, this would be a restoration of the judiciary system in the United States as it existed prior to 1800.

Donald Trump, after assuming office, could also appoint not just Supreme Court justices, but judges at every level in a radically altered federal judiciary.

Article III of the Constitution authorizes and sanctions the establishment of (only) one Supreme Court, but does not set the number of justices that must be appointed to it; though Article I, Section 3, Clause 6 refers to a Chief Justice (who shall preside over the impeachment trial of a President). The number of justices has been fixed by statute. See, Title 28, United States Code, Section 1 (28 U.S.C. § 1).[1] At present there are eight justices on the Supreme Court – one chief justice and seven associate justices – with an additional vacant associate justice seat, thus making a total of 9 seats on the court. This total has been established by statute.






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