Post by IBDaMann on Aug 26, 2020 4:09:10 GMT
The Supreme Court of the United States (SCOTUS) never had the power to interpret laws. The word "interpret" does not appear in the Constitution and is therefore not a power granted to the United States but is in fact reserved to the States.
SCOTUS is intended to hear cases and to render rulings based on the law as determined by the legislature. SCOTUS is not intended to interpret the meaning of any law. The meaning of laws is the purview of the legislature and is embodied within the law as written by the legislature. No court has the power to second guess the meaning of any law which would necessarily involve imposing the court's meaning onto that law and would become "legislating from the bench."
Does this mean it hasn't ever happened? No, it does not. Such overreach has happened at all levels of the judiciary, but no such occurrence legitimizes or legalizes future occurrences.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Question: What are the powers delegated to the Supreme Court and is "interpreting" the law one of them?
Answer: The only power granted the courts is to decide cases per the law, not to interpret the law or to impose any meaning to any given law. Article III mostly delimits jurisdiction for the court.
Section. 1.
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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
There is no mention anywhere in Article III of any power save to decide "cases" nor do the words "interpret," "meaning" and "semantics" appear.
SCOTUS is intended to hear cases and to render rulings based on the law as determined by the legislature. SCOTUS is not intended to interpret the meaning of any law. The meaning of laws is the purview of the legislature and is embodied within the law as written by the legislature. No court has the power to second guess the meaning of any law which would necessarily involve imposing the court's meaning onto that law and would become "legislating from the bench."
Does this mean it hasn't ever happened? No, it does not. Such overreach has happened at all levels of the judiciary, but no such occurrence legitimizes or legalizes future occurrences.
Bill of Rights
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Question: What are the powers delegated to the Supreme Court and is "interpreting" the law one of them?
Answer: The only power granted the courts is to decide cases per the law, not to interpret the law or to impose any meaning to any given law. Article III mostly delimits jurisdiction for the court.
US Constitution
Article III
Article III
Section. 1.
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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
There is no mention anywhere in Article III of any power save to decide "cases" nor do the words "interpret," "meaning" and "semantics" appear.