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Spin Zone / Court packing - an interesting take
« on: October 12, 2020, 05:03:04 AM »
I read an interesting take on Court Packing the other day and why it might actually be unconstitutional.
Article 1, Section 8 provides power for Congress to make all laws which are proper and necessary to carry out the powers in the Constitution. Court packing is neither proper nor necessary and it provides for nothing new in the Court, which functions just fine as it is.
For me, I especially focus on the word necessary. There is no need for more justices, except to make the Court a political arm of the Democrat party. That leads me secondarily to such an action being improper.
I’m sure at least some of the justices are thinking about potential reasons to reject a court packing law. Obviously, packing the court would destroy public confidence in it and the law, not that Democrats really care about that. But we all know it is wrong and unfair - is this a reason why?
Article 1, Section 8 provides power for Congress to make all laws which are proper and necessary to carry out the powers in the Constitution. Court packing is neither proper nor necessary and it provides for nothing new in the Court, which functions just fine as it is.
For me, I especially focus on the word necessary. There is no need for more justices, except to make the Court a political arm of the Democrat party. That leads me secondarily to such an action being improper.
I’m sure at least some of the justices are thinking about potential reasons to reject a court packing law. Obviously, packing the court would destroy public confidence in it and the law, not that Democrats really care about that. But we all know it is wrong and unfair - is this a reason why?