Ruling that ‘money is speech’ and ‘corporations are people’ is not good judicial behavior.
Amongst the many other powers assigned to the Congress in the Constitution is the power to make rules for the government and regulation of the land and naval forces. Meaning the Military, the Executive branch, and the Judicial branch, are all supposed to be regulated by the Congress.
In my opinion there is no inherent authority in the Executive or anywhere else in government that conflicts with congressional intent. There is only the authority derived by the constitution or as legislated by the congress.
The powers vested in the Supreme Court by the Constitution are enumerated in a few short paragraphs all of which are clarified as regulated by Congress with language such as; as Congress may ordain and establish, under such regulation as the Congress shall make, and, as Congress may by law have directed.
To understand the authority of congress relative to the other branches of government is to understand that the authority of the government is vested in the citizens of the United States. Any power the congress has ceded to the other branches of government for whatever reason can be regained by an act of congress.
Even if it requires overriding a presidential veto, or reorganizing the supreme court, or impeaching its Justices, the congress can make whatever law it deems necessary to reestablish it’s rightful place as the primary authority over public policy.
Congress has the authority to end the emergency powers rationalizing the constitutional violations as legislated in The Patriot Act, The Authorization for Use of Military Force, The National Defense Authorization Act of 2012, or any other previous acts of congress it chooses to end or amend.
If the Executive branch of the federal government is allowed to perpetuate an imperial presidency based on waging reactionary wars of choice it undermines the rule of law and the representative form of government as guaranteed to the States in the Constitution. That it is why it is so important for the public to regain control of the Congress by electing representatives who will insist on adherence to the Constitution instead of speaking in empty platitudes for votes.
Government officials are sworn by oath to protect and defend the Constitution. The Constitution is the supreme law of the land and needs to be understood and interpreted correctly to be protected and defended so that the law will be obeyed. It is the Supreme Court’s responsibility and legal obligation to interpret the Constitution correctly.
The Constitution is written in simple language for citizens to interpret for themselves. It is the political prerogative of the Congress to regulate the Supreme Court as necessary for constitutional compliance.
If the Supreme Court repeatedly misinterprets the Constitution for political reasons it is incumbent upon the Congress to correct the court through legislation or impeachments. It is written in the Constitution that Judges shall hold their Offices during good behavior. If a Supreme Court Justice misinterprets the law for political reasons that is definitely bad behavior. There is no inherent lifetime tenure for a Justice during bad behavior as determined by the political judgement of the Congress.
The Supreme Court Justices are nominated by the President and approved by the Senate. Because of partisan allegiance , high court nominees can be approved for partisan purposes rather than their judicial experience. This is a political process where allegiance to a political party can be more important than adherence to credible constitutional interpretation.
Along with considering their constitutional compliance, it is the prerogative of the Congress determined by their political judgement as to how many Justices will serve on the Supreme Court.
The Judiciary Act of 1869 set the Supreme Court at its current size of nine justices. The population is over 8 times what is was back then and over 99% of cases now filed with the Supreme Court are not even heard. Worse than the Congress constraining it’s own membership for over 100 years, it has constrained the Supreme Court to nine justices for over 140 years.
There is a constitutional battle waiting for the Congress to reassert itself as the branch of government vested with the power of the people’s representatives. The longer Congress procrastinates this constitutional crisis and the more it delegates its authority to the other branches of government the more difficult it will be for the public to regain legitimate representation.
The longer Congress tolerates constitutional misinterpretations and erroneous rulings by the Supreme Court, whether motivated by partisan purposes, ideology, incumbency, or any other reason, the further the nation drifts from the rule of law.