US Constitution vs

Supreme Court

To the Editor:

This caption appears to be a paradox, but when the language of our constitution and the purpose of its creators is carefully examined, it becomes self-evident that the Supreme Court of the United States has in many instances, and with deliberate haste, overstepped its bounds.

I call attention to the powers given to the Court in the Constitution, a document which has as one of its central objectives the will that never again shall a single person or group of persons force the people of this country to submit to arbitrary, hostile, or divisive political and economic forces. As such, this document has carefully crafted its language to limit the powers of all branches of our government — and this includes the powers of the Supreme Court.

And where does it limit the powers of the court? It is contained in Article 3, which defines the powers of the Supreme Court in its second section as quoted.

“In all cases affecting ambassadors, other public ministers and consuls, and those in which a state is a 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.”

Thus Congress, a group elected by the people, reserves to the people of this country the right to set its political course through laws and regulations, which only they can overturn. The Supreme Court has become akin to a group of nine noblemen whom every political party is determined to control to their own purposes. The outcome of this has been severe strains in our social fabric contrary to what was intended. By frequent decisions to declare laws unconstitutional or interpret the Constitution to conform to their own vision of justice, the court has usurped its powers which should be with the people and their elected representatives whether president, congressmen, or senators.

At the very least, a two-thirds majority of the court should be required to rule a law made by the people (the Congress) unconstitutional.

Such requirement exists everywhere else where key decisions are to be made affecting the people of this country. The powers of the Supreme Court must be clarified and adjusted where necessary to restore faith in our social and judicial structure. The power to shape our destiny must be fully returned to the people of this country. It is one of the central pillars of our Constitution and the sacred heritage bequeathed to us by those who sacrificed so much to make it happen.

Oscar Berendsohn

34 Appleblossom Lane, Newtown                        November 21, 2010