10-27-2020, 02:50 PM
(10-27-2020, 02:25 PM)Sociopathicsteelerfan Wrote: I've admitted before my knowledge of US history is much more limited than my knowledge of world history. So, while I was familiar with the case by name I had to go and read up on it. Was judicial review not inherent prior to that? It struck me as odd considering the SCOTUS is one of the three, equally important, branches of government.
It's actually troubling to me that you guys are discussing the packing as if it's a fait accompli (not endorsing it btw, I get that). I can't stress enough that I think this move will destroy the union.
Many argued that it existed and would be a feature of the new union, though it was not explicitly stated in the Constitution. It took over a decade for Marshall to outright claim to possess the power.
Edit: my back up answer to power grab is the federal government's power grab from the late 1800's to mid 1900's, but it's not just one event. We could specify specifically FDR's presidency since it hasn't reverted back since then.
I don't think the addition of 2 would destroy the union. 13 is a tall order, which is why I said an agreement would have to be reached to implement it. The stated outcome in both cases would need to be balance rather than advantage.