by druidabruxux

Question by demhater: If Obama is elected will a Democratic controlled Congress pass Obama’s Constitutional Amendment…?
Too pack the Court.
He’s already setting the foundation this by saying the current is too political. This is the same argument waged by FDR and using the backdrop of the Great Depression he tried to use this argument to get the number of justices changed.

Unlike Congress or the presidency, the Supreme Court is not supposed to be a “political” institution. It must remain neutral in order to settle legal issues, interpret laws, and decide the meaning of the Constitution. Supreme Court justices should not allow their personal or political views to color their decisions. Neither should they permit themselves to be influenced by presidents, other politicians, or popular public opinion. To help assure the justices’ independence, the Constitution provides that they serve life terms unless they resign, retire, or are removed for misbehavior.

Between the creation of the Supreme Court in 1789 and the Civil War, the court found only two acts of Congress to be unconstitutional. During the next 50 years, the court challenged laws passed by Congress only a half-dozen times. But then, following the election of President Franklin D. Roosevelt in 1932, the Supreme Court seemed to take aim at his New Deal program, which had been designed to combat the effects of the Great Depression.

In 1935, the “nine old men” (as the Supreme Court justices were then sometimes called) unanimously ruled three times against FDR and his New Deal. One of the decisions declared that the National Industrial Recovery Act, a major New Deal effort to lift the country out of the Depression, was unconstitutional. The following year, the court held that several more of FDR’s economic recovery laws violated the Constitution. In addition, the court overturned some state reforms, like New York’s minimum-wage law for women. Some of these Supreme Court rulings were decided by a 5–4 vote. In these cases, the opinion of only one justice sealed the fate of laws and programs affecting millions of Americans.

http://www.crf-usa.org/bria/bria10_4.html

Most of Obama’s changes are likely to be voted down by the 5-4 conservative majority on the Supreme Court and all 5 conservative justices said they won’t retire during a Democratic Presidency.

All of these 5 are younger than when Justice Stevens made the same pledge at 76 to not retire during Bush’s presidency.
And the fact that Stevens is 88 and still serving on the Supreme Court shows that there pledges are real and that Obama may have no choice but to pack the courts to make any changes.

Best answer:

Answer by jamesmom2
are you conceding the election?

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