octavio_dingus@lemmy.world to politics @lemmy.world · 1 year agoJustice Samuel Alito Insists Congress Has No Power To ‘Regulate’ Supreme Courtwww.huffpost.comexternal-linkmessage-square16fedilinkarrow-up15arrow-down11
arrow-up14arrow-down1external-linkJustice Samuel Alito Insists Congress Has No Power To ‘Regulate’ Supreme Courtwww.huffpost.comoctavio_dingus@lemmy.world to politics @lemmy.world · 1 year agomessage-square16fedilink
minus-square【J】【u】【s】【t】【Z】@lemmy.worldlinkfedilinkarrow-up0·1 year agoThat had to do with size of the court. Constitution says it’s a lifetime appointment, though. Can have all the rules you want, which the justices are free to ignore because the Constitution says it’s a lifetime seat.
minus-squaremriguy@lemmy.worldlinkfedilinkarrow-up0·1 year agoYou just have to be creative. Pass a law saying holding a Supreme Court seat for more than 20 years is a capital crime.
minus-squareAPassenger@lemmy.worldlinkfedilinkarrow-up0·1 year agoThat would be unconstitutional and ruled that way, too. The law cannot take away a thing guaranteed by the Constitution (the lifetime appointment). There would need to be an impeachment or amendment. Or court-packing.
minus-squaremriguy@lemmy.worldlinkfedilinkarrow-up0·edit-21 year agoIt would be evil and unethical, yes, but not unconstitutional. They would still be justices right up until their execution, so it’s still a lifetime appointment.
minus-squareAPassenger@lemmy.worldlinkfedilinkarrow-up0·edit-21 year agoIt could still run up against tue 8th Amendment, more specifically the prohibition against cruel and unusual punishment. Edit to add: being convicted of a capital crime does not guarantee a death sentence. Anything less than death still bumps into a Constitutional issue. Coming and going, there’s a likely Constituional challenge. An amendment would almost be easier.
minus-squareAlien Nathan Edward@lemm.eelinkfedilinkarrow-up0·1 year agodeath penalty isn’t cruel or unusual. scotus said so themselves. they even said a punishment could be cruel as long as it isn’t unusual.
That had to do with size of the court.
Constitution says it’s a lifetime appointment, though.
Can have all the rules you want, which the justices are free to ignore because the Constitution says it’s a lifetime seat.
You just have to be creative. Pass a law saying holding a Supreme Court seat for more than 20 years is a capital crime.
That would be unconstitutional and ruled that way, too. The law cannot take away a thing guaranteed by the Constitution (the lifetime appointment).
There would need to be an impeachment or amendment. Or court-packing.
It would be evil and unethical, yes, but not unconstitutional. They would still be justices right up until their execution, so it’s still a lifetime appointment.
It could still run up against tue 8th Amendment, more specifically the prohibition against cruel and unusual punishment.
Edit to add: being convicted of a capital crime does not guarantee a death sentence. Anything less than death still bumps into a Constitutional issue.
Coming and going, there’s a likely Constituional challenge. An amendment would almost be easier.
death penalty isn’t cruel or unusual. scotus said so themselves. they even said a punishment could be cruel as long as it isn’t unusual.
My other comment addresses this.