I appreciate the response but what does that have to do with my post? Do you think it’s a viable option? Should congress use it?
My response is that the Constitution provides the Legislature with the most power and it can do a lot. It can add Courts, add Justices to Courts, Remove Justices from Courts, etc. It can change the Jurisdiction of Courts, as your Article points out. It's right there, in the Constitution.
Is it a viable option?
When do you want it used? Right now? It'll be a no-go since the Democratic Party doesn't have 60 votes to do so. If the Democrats ever have 50 actual Senators who will get rid of the filibuster? Maybe, but who is in control of the House?
6 years from now when Republicans are in charge of both Branches of the Legislature? I mean, do you think they are interested in changing the Jurisdiction of the courts? The Republicans have been playing the long game for 50 years now and they aren't interested in decreasing the power of the Supreme Court. Republicans have been playing the Refs as their only real policy since the 1970s, just read the Powell Memo...they have successfully utilized corporate cash to get around needing popular policy to fundraise...and what you see all around you is a response to that. Zero policy besides cutting taxes for the rich, and appointing Judges.
So, Republicans aren't going to limit the Supreme Court's Jurisdiction, because it's a hell of a lot easier and cheaper to run the country with 6 unelected Fascists than having to win the House, Senate, and White House, although as we can see, they're currently using those 6 unelected Fascists pretty well, and might make the popular vote totally irrelevant to who wins the Electoral College votes from a lot of Purple and Red states. That's obviously where they're headed and any current Republican voter 100% supports that regardless of what they say, because words are meaningless and only actions matter...as always.
Can they, and should they, are two different ways of thinking about your question. Can they? Yes. Should they? Maybe, depends on "who" is doing it. Last thing I want are Republicans limiting the Supreme Court's jurisdiction if there are 5+ non-fascist Justices on the Supreme Court and Congress is controlled by Fascists. And the Senate will be fully owned and operated by the Republican Party in 10-20 years unless the Senate itself is changed to make it remotely democratic small-d, so don't forget about that.
I think there are a hundred ways to unfuck this country, and I've posted a link to one particularly solid idea many times and I'll do so again, here:
If Democrats truly believe in the power of their policies, they should be ready to weaponize federalism.
www.politicalorphans.com
Do I think the Democratic Party is going to be able to use the Article in the Constitution to limit the Jurisdiction of the Supreme Court? No. I don't think that will happen, but I also don't think we're going to avoid a balkan-style civil war, so you can take that statement for whatever it's worth. I'm a doomer, everything is fine, etc.
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