QUOTE(Livyjr @ Apr 17 2009, 12:38 PM)

QUOTE(tazvil04 @ Apr 17 2009, 12:29 PM)

QUOTE(Livyjr @ Apr 17 2009, 12:25 PM)

QUOTE(tazvil04 @ Apr 17 2009, 08:11 AM)

So, members of the US Supreme Court like John Marshall are not Founding Fathers?
Not as far as I am concerned, tazvil04 ...
The Supreme Court is a creature of Congress, not the FOUNDING FATHERS ....
Check out your history ....
And so ... A creature of Congress? Yes, it is, tazvil04 ...
The federal judiciary was created by Congress, not the founding fathers ...
All the Constitution did was to make provision for the courts ....
It did not create their form ....
Congress did that after ....
And so ...
Wrong...
The Supreme Court was created in the
The lesser courts were and still are a creature of Congress...
I think you have forgotten what the US Constitution says about creating a Supreme Court...
The first reference of a Supreme Court comes in Article I, Section 8...
http://frwebgate.access.gpo.gov/cgi-bin/ge...cid=f:sd011.105"To constitute Tribunals inferior to the supreme Court"
You see Livyjr...Congress creates according to the Constitution which I thought you prized...inferior courts to the Supreme Court...not the Supreme Court itself...
The next reference in the document makes it clear that the Executive Branch with the advice and consent of the Legislative Branch appoints the members of the Supreme Court...
SEction 2 of Article 2 enumerates Executive Authority...
Section. 2. The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the several
States, when called into the actual Service of the United States;
he may require the Opinion, in writing, of the principal Officer in
each of the executive Departments, upon any Subject relating to the
Duties of their respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offenses against the United States, except
in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein otherwise provided for,
and which shall be established by Law: but the Congress may by Law vest
the Appointment of such inferior Officers, as they think proper, in the
President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions which
shall expire at the End of their next Session.
And next we get to Article III which establishes the Judicial Branch under the auspices of the US Supreme Court as an independent branch of government...Congress has no authority to create a separate branch of government...
Article. III.
Section. 1.
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 Judges, both of the supreme
and inferior Courts, shall hold their Offices during good Behaviour,
and shall, at stated Times, receive for their Services, a Compensation,
which shall not be diminished during their Continuance in Office.
Section. 2. 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;--]*
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.]*
*Changed by the Eleventh Amendment.
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases before
mentioned, the supreme Court shall have appellate Jurisdiction,
both as to Law and Fact, with such Exceptions, and under such
Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment; shall be
by Jury; and such Trial shall be held in the State where the said
Crimes shall have been committed; but when not committed within any
State, the Trial shall be at such Place or Places as the Congress may
by Law have directed.
Section. 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason unless on
the Testimony of two Witnesses to the same overt Act, or on Confession
in open Court.
The Congress shall have Power to declare the Punishment of Treason,
but no Attainder of Treason shall work Corruption of Blood, or
Forfeiture except during the Life of the Person attainted.