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this post was submitted on 29 Jul 2023
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Politics
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I could see it being argued that this mentions (1) "one supreme Court" and (2) "such inferior Courts as the Congress may from time to time ordain and establish," so the bit about Congress applies only to the inferior courts.
Except that it's never worked that way throughout the history of United States.
The Supreme Court itself is established by an act of Congress, the Judiciary Act of 1789. The Congress has always had the power to not only set the number of justices (last paragraph on that link), but to impeach them as well.
A misplaced comma doesn't trump 240 years of legal precedent, no matter how much Alioto might wish it did.
Fortunately true.
Unfortunately, in the larger court of public opinion, it can very effectively be used as basis to rile up and outrage the domestic terrorists loyal to the corrupted judiciary, so there will most likely be some trepidation about clarifying this.
How about we set the number to 0 and go from there.
We set it to √2 and let the fun begin.
And SCOTUS is allowed to pick whichever interpretation they like.
Yeah... this was my first thought when I read it. Very unfortunate and ambiguous phrasing.
The more important part is after the highlighted part, I was thinking the same thing