Summary

House Speaker Mike Johnson asserted that Congress has the authority to eliminate entire district courts, control funding, and oversee the judiciary.

He described such actions as necessary in “desperate times” due to judges blocking Trump’s policies through nationwide injunctions.

Johnson announced plans for a House Judiciary Committee hearing to address “abuses” and advanced legislation to limit judges’ power to issue such injunctions.

He later clarified his remarks were not a threat but emphasized congressional control.

  • Maple Engineer@lemmy.world
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    3 days ago

    “It violates separation of powers when a judge thinks that they can enjoin something that a president is doing, that the American people voted for,” Johnson said during his weekly press conference.

    To be clear, Trump didn’t even get 50% of the popular vote (49.8%).

    29.5% of Americans over 18 years of age voted for him.

    He does not have an overwhelming mandate to destroy the United States.

  • tburkhol@lemmy.world
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    3 days ago

    I mean, he’s technically correct: the constitution gives congress the power “to constitute Tribunals inferior to the supreme Court.” The only court the US technically has to have is SCOTUS, although it’s hard to imagine them hearing every single federal case.

    Interestingly, Congress does not have the power to fire or reduce any judge’s salary, except by impeachment.

    • just_another_person@lemmy.world
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      3 days ago

      They absolutely do not have the power to rearrange how the Judicial works. https://constitution.congress.gov/browse/essay/artIII-S1-8-1/ALDE_00013557/

      They were given the power to CREATE new tribunals, not the power to adjust, remove, or otherwise define how they work, which would be a direct violation of the separation of powers. They are given the ability to create courts and fund them purely as a bureaucratic role, and ABOLISH them, but not otherwise redefine how they are determined to work in AIII. https://constitution.congress.gov/browse/essay/artIII-S1-8-5/ALDE_00013561/

      • tburkhol@lemmy.world
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        3 days ago

        Your articles seem to say that congress has periodically rearranged and eliminated “Article III courts,” recently avoiding the Constitutional crisis of not paying judges of the eliminated courts by posting them elsewhere. But I’m no lawyer, so maybe I’m misinterpreting “In 1891, Congress enacted legislation creating new intermediate appellate courts and eliminating the then-existing federal circuit courts.” and “In 1982, Congress enacted legislation abolishing the Article III Court of Claims and U.S. Court of Customs and Patent Appeals”

        • just_another_person@lemmy.world
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          3 days ago

          Yes, so they can move them around, but they can’t say “Hey, this court is gone now because they’re causing the Executive problems”. They can’t redefine the balance of how they are supposed to work. The judges are guaranteed positions as well, so they can’t fire them either.

  • fox2263@lemmy.world
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    3 days ago

    Well congress hasn’t done shit the last 3 months. All executive orders so why not just eliminate congress….

    Fast tracking palpatine

  • Bonesince1997@lemmy.world
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    3 days ago

    So I guess all the measures people directly voted for, like enshrining abortion into state laws, shouldn’t be obstructed for one more second because it’s the will of the voters. They don’t really care about this factor, only when it’s self serving.