OPINION:
“Biden’s attempt to remake the Supreme Court” (web, July 30) is interesting but ignores the court’s threat to the people’s unalienable rights.
Article 3, Section 1 of the Constitution says, “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.”
Article 3 does not grant the Supreme Court the power to nullify unalienable rights by simple majority opinions until those rights are de facto abolished. The rights are supposed to be protected by the Fifth and 14th amendments. According to FindLaw, “In federal court, juries must reach a unanimous verdict in all criminal proceedings.”
It should follow that any case affecting unalienable rights that comes before the Supreme Court should also require a unanimous opinion before a right is neutered.
Giving credence to James Madison’s warning in Federalist No. 10 about the tyranny of the majority against the minority, Congress could use its complete power over the “inferior” federal courts to remove from their jurisdictions all cases dealing with unalienable rights. That action would require a veto-proof Congress, but it would root out Congress critters who favor totalitarian socialism.
JOE BOYETT
Montgomery, Alabama
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