billwald said:
"Jefferson also warned of allowing the federal judiciary too much power as it currently has today."
Jefferson gave the Supremes ultimate authority. Was it stupidity or intentional?
I think the Supreme Court was given the least power of the branches, this is an interesting yet not well known fact. Have you read David Barton's Original Intent of Eidsmoe's Christianity and the Constitution?
They both give very interesting historical insights on this fact in their books.
Here is a quick snipit of Barton's research in an interview with Pat Robertson:
ROBERTSON: I understand that the Supreme Court originally spent just a couple of weeks in session. How have they expanded their power? What did you find from your research that was the intention of the founders of the Supreme Court?
BARTON: Well, its interesting. The founders, when they drafted the Constitution, then gave authorization to have the U.S. Capitol. And in giving authorization for the U.S. Capitol, they laid the city as it exists today, and they even made plans for the Washington Monument back then when Washington was still alive. So they built the White House, the Capitol. They did not build a Supreme Court building. Not at all. So in the original plan, the Supreme Court was under the watchful thumb of Congress. As a matter of fact, in the original Capitol building, when the Supreme Court met, they actually stuck them in a closet. And so its kind of unfortunate the Supreme Court has come out of the closet.
ROBERTSON: Hey, thats a nice place to be. Put them back in the closet.
BARTON: Originally they had a one-week term, and they were in a closet, and that was it. And then as the Capitol expanded, and we had the House move over to a different side, then the Supreme Court came out of the closet, and they got to be in the basement of the Senate. And that is where they stayed until 1935... And FDR in 35 says, "Why dont we get a separate building for the court?" And since then, theyve felt like they are out from under the control of Congress, out from under any kind of jurisdiction.
ROBERTSON: What youre saying is from your reading, and study and what Ive seen, the same thing, is that they definitely were to be controlled by Congress. They werent this super-legislature that was striking down the laws of Congress.
BARTON: Well, significantly, in the Federalist Papers, it makes it real clear. And we hear today that we have three co-equal branches the founders object to that. We had three co-sovereign branches, but they were not co-equal. The legislative branch was the most significant, the most important. That was the policy-making branch. The judiciary was the least important, and even in 1935 their term still only went six to eight weeks a year. It was not until you got Earl Warren in there. He said, "Lets go nine months a year." And so now all the mischief of reviewing 7,000 cases and making a hundred rulings, et cetera, has come from that expanded time.
ROBERTSON: The interesting thing is that the appellate jurisdiction of the court is under the control of Congress.
BARTON: Thats right.
ROBERTSON: And not only that, the number of them, because weve had nine, then we had seven, and they went back to nine. And the Congress has the power to expand or contract at will.
BARTON: Thats right.
ROBERTSON: But they dont seem to know that today.
BARTON: Well, they really dont know that, and, interestingly enough, when Washington appointed the first justices, he only appointed five associate justices and one chief justice. So he starts with six, and, of course, they were experts. Three signed the Constitution, two ratified it, and one wrote the Federalist Papers. They knew what they were doing, but weve seen that change. And most people do not realize the only court in the United States that is constitutional is the U.S. Supreme Court. There is not a federal court in the land that is mandated by the Constitution. Congress tomorrow could pass a law to wipe out every federal judge except the Supreme Court, and it would be completely constitutional. And that was part of the control that Congress had over the courts. They were able to limit the jurisdiction over 200 times. Congress in the past has passed laws that say, we dont want you guys dealing with [these things] it could be abortion, it could be the Pledge of Allegiance, it could be anything. But Congress doesnt do that now.