A case is going before the Court involving Vice President Dick Cheney. Two senators wrote Judge Renquist asking that Judge Scalia recluse himself from the case because of his recent hunting trip with Mr. Cheney. The Chief Justice sent a written reply back to the senators telling them, in so many words, that it was none of their business, and that only Justice Scalia could choose to exempt himself from the case. He went on to tell them that they should not have written him. Many people do not know that the Supreme Court of the United States has this power.
The Supreme Court has absolute authority when it comes to which cases they will hear. The Justices are appointed for life and cannot be removed for any reason. Neither the President nor Congress can remove a justice for any reason. A justice could be convicted of a crime and not be stripped of his title. The only way they can leave the court is by retirement or death. The Constitution allows for 7 justices. We have nine at the present and only until the number drops below seven can another be appointed. At one time, President Roosevelt had 13 justices, although the Constitution allows only seven.
The power of the court was established in a famous case: "Marbury vs. Madison." This case involved the appointment of judges by a administration in the last days of a President's term. The new President, James Madison, did not want these people to be judges. He took the appoinments and did not let them be given to the men, and even had the men sued. The Supreme Court decided that they could not rule on the case simply because they did not have to. Thus, the power of the court to choose which cases to hear was established. Every President since that time has been trying to wrestle the power out of their hands. They are the final authority on all matters that they decide to hear. Chief Justice Renquist was right in his letter to the Senators. They truly have no say in whether Justice Scalia will be reclused or not.
The power of the Supreme Court is final and absolute.The original framers of the Constitution broke the power into three pieces in order to prevent any one of these branches from seizing control of the goverment. Maybe this document from over 200 years ago is still relevant today and these men did have a better way to keep "absolute power from corrupting absolutely".
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