YOU ARE BEING BETRAYED BY THE U.S. GOVERNMENT

Associate Justice James C. McReynolds, in his statement in the Hearing before the 68th Congress House of Representatives Committee on the Judiciary on December 18, 1924, admits that the Justices of the Supreme Court recognize that “somebody must determine what cases must come to our court.”  The Constitution places the function of deciding what cases must come to the Supreme Court squarely in the powers granted to Congress.  Associate Justice McReynolds, in the same statement admits that the Justices of the Supreme Court also recognize that “if you undertake to do it by special enactment, specifically providing what cases shall come and what cases shall not come, you will find that an enormous difficulty arises.  It is almost impossible to define it with sufficient accuracy and certainty . . .”  The nail has been hit right on the head!!  The Framers recognized that it might be appropriate to exclude some cases from the appellate jurisdiction of the Supreme Court, but that it would be “almost impossible” to define with sufficient accuracy and certainty what cases of the People should be excluded from the appellate jurisdiction of the Supreme Court, and that an enormous difficulty would arise in attempting to do so.  However, in the event that the cases that should be excluded from the appellate jurisdiction of the Supreme Court could be defined with sufficient accuracy and certainty, the Framers granted Congress, the elected representatives of the People, the authority to decide what cases of the People should be excluded from the appellate jurisdiction of the Supreme Court.  That is precisely why the Constitution is written exactly the way it is.  It is almost impossible to decide what cases of the People should be excluded from the appellate jurisdiction of the Supreme Court, but it if can be done, then the representatives of the people should do it.  It was not left to the whim of any appointed official of the Government.  Remember, the Bill of Rights was added to the Constitution because the Government could not be trusted and the People feared that the Government would disregard their rights.  The People did not entrust such an important Right to anyone other than their elected representatives!!!!  So, the Framers believed that if Congress could not do it, then it should not be done!!

Suppose the courts of appeals refuse to follow the decisions of the Supreme Court, ought they not to be compelled?  Suppose the Executive Branch refuses to follow the Constitution, ought it not to be compelled?  Suppose the courts of appeals refuse to protect the rights in the Constitution, ought they not to be compelled?  The questions can go on and on.  A remedy must be available.  Currently, a remedy is not available because of the Supreme Court’s practice of arbitrary review.

This Right of ours, yours and mine, to have the Supreme Court review our case was not given to us by Congress, the Supreme Court, or any part of the Government.  We the People established this right in the Constitution.  So, Congress, the Supreme Court, or any part of the Government cannot take the right away.  However, Congress and the Supreme Court have failed to honor this Right.  Judges, as well as the other Government officials and agencies, are bound by the Constitution.  The Constitution says so.  In order for Congress or the Supreme Court to find that the Supreme Court has discretion to perform its duties, the Constitution cannot be the supreme law of the land and the Supreme Court’s constitutional responsibility to supervise inferior courts and enforce its decisions 100% of the time cannot exist.  Of course, neither is possible.  For every constitutional wrong there must be an adequate remedy.  In this instance, the remedy for the constitutional wrong committed by Congress and the Supreme Court is that every citizen who has been denied a review of an appeal must be granted a review.

Now, it wasn’t too difficult to understand that the Constitution gives you the Right to have your case heard by the Supreme Court as long as your case falls within the class of cases that come within the Supreme Court’s appellate jurisdiction, was it?  It is nowhere near as difficult to understand as a judge, a lawyer or a member of Congress would have you believe it is.