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The Corruptly Used Power of the SCOTUS Appellate Review Declaration by Writ of Certiorari

Since 1925, some very important federal appellate cases have been illegally denied by the Supreme Court of the United States (SCOTUS), with impunity. What adds injury to the American constitutional insult in this important matter is that very, very few members of the American electorate realize that the American Constitution, article 3, section 2, has been changed, in fact , without the amendment process, by an act of Congress without altering the wording of the section. The Federal Judiciary Act of 1925 (FJA) inserted the competitive ridicule of Congress in place of what had been a continuous sacred process of intense appellate review from the time of the ratification of the United States Constitution until in 1925. For those 136 years, the mandate of Section 3. Section 2 was enforced by the federal judiciary, the bicameral Congress, and the executive branch. In other words, “the judicial power shall extend to ALL cases, at law and in equity, arising out of this Constitution, the laws of the United States, and treaties made…” In other words, all cases courts going through the federal judicial appeal system, for 136 years, have been heard, as of right, by the SCOTUS! The appellants had a constitutional right to have their case heard by the SCOTUS Brethren, and currently, in the 21st century, they still have the absolute right, though obliterated by a flippant decision of Congress, to have their case heard by the SCOTUS Brethren and Sisters.

What the Federal Judiciary Act of 1925 did was casually declare that instead of a statutory constitutional right to have their case heard by the SCOTUS, appellants had the optional “opportunity” to compete for a having their case heard by the SCOTUS through an essay contest and a highly subjective vote by the nine judges on which essays to accept through what was called the process of “certiorari” and affirmative voting of four of the judges. Between the years of 1891 and 1925, Republican-led Congresses began the top-secret deliberative process of persuading politicians that the workload of the nine SCOTUS judges was more than they could handle, even though their working days at the SCOTUS, from 1925, began at 10:00 a.m. and lasted until 4:00 p.m., Monday through Friday. The 1925 FJA transformed the SCOTUS into a virtual country club and nine judges into a group of certiorari petition trial judges with the ability to pick and choose subjectively the cases they would eventually consider and decide. Consequently, from 1925 to the present, a number of very important federal appellate cases have been arbitrarily denied by the SCOTUS without any reasonable indication as to the reason for their denial.

This has raised troubling highly speculative speculation, as well as many suspicious eyebrows, about the motives, intentions and reasoning behind judges collectively refusing review of certain high-profile federal cases since 1925. First, ALL cases rising to the level of SCOTUS review are required by the United States Constitution to be heard in full SCOTUS session by all nine judges. The only way to avoid this requirement is to amend the mandate of Article 3, Section 2 through the Article 5 amendment process. Congress has not and has not even considered extending the working day of SCOTUS, incorporating the use of Saturdays or the calling of night sittings when necessary to justify the workload, at the instead of unconstitutionally altering the mandate of Article 3, Section 2 to hear ALL cases meeting SCOTUS requirements. Such job modifications for the SCOTUS seemed, and still seem, to be beneath the dignity of the nine federal judges receiving salaries of more than $250,000 a year. Yet I, and many other constitutional scholars, do not think they are. I believe that brothers and sisters should be required to work as hard as they did as lawyers, law professors, or whatever other jobs they held before they were appointed, confirmed, and elevated to the position of SCOTUS judges, and to pay such exorbitant federal salaries. . The current working day for SCOTUS judges is 10:30 a.m. to 3:00 p.m., Monday through Friday, and their legal teams and paralegals actually do most of the required readings and review of cases for the nine judges. Judges regularly receive verbal and written reports from lawyers advising them of what to do and say. It’s truly pathetic how little work the famous siblings do.

What “should” appropriately happen when serious illegal and unconstitutional acts are committed with apparent impunity by much older Congresses against the US Constitution and the people of the United States and subsequently discovered? If such treachery and duplicity was committed secretly without the knowledge of the People in much earlier times, say 1925, but discovered and brought to the public attention of the People in much later times, say 2021, if the tables of law were to be turned and treachery and duplicity repaired and reversed? I, and many other constitutional scholars, believe so, especially when grave treason and duplicity continue to be inflicted on the republic by the federal culprits who continue to use this treason to their unscrupulous advantage. The Federal Judiciary Act of 1925 should be repealed and gutted, as it is now imposed, and SCOTUS’s mandate to hear ALL federal appellate cases reaching the level of review by the United States Supreme Court should be reinstated. , and all these cases should be heard by the nine judges in full SCOTUS session. The workloads of the nine justices should be amended by Congress to incorporate ALL legal work necessary to handle ALL cases on the federal docket. Perhaps these actions would serve to right some of the painful injustices done to so many deserving federal appellants in the years since 1925.

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