COS Proposes Bizarre Solution to rein in the U.S. Supreme Court
Constitutional Convention advocates recommend a fundamental transformation of the U.S. Supreme Court by modeling it after the European International Court on Human Rights (ECHR).
Convention of the States National Director, Michael Farris recommends, “If the Supreme Court loves their national law, we’ll fix them this way.” Farris continues that we turn the Court into a 50-judge panel serving 8-year terms. This models the ECHR that appoints 46 judges; one for each member nations. Farris says that the Supreme Court reviews things on paper, because the “important stuff is done on paper anyway.” He continues, “If you don’t like their decision, you don’t like who they are, you get a new one.”
The ECHR can change national law through influencing change through “soft law”. According to University of Law, if national law conflicts with international law, the ECHR provides the ability for lawyers to pressure the national legislators to change their laws, aligning them with international law.
While we may not all agree with all the decisions of our highest Court, to fundamentally transform our U.S. Supreme Court into a system incapable of holding a sustained view and more difficult to overcome political pressure is certainly no improvement.
In other words, the rulings placed on the U.S. Supreme Court will change our laws to reflect international law…not constrain politicians and lawyers to the Constitution. The Supreme Court will become a token court, even more subjective to political pressures. Under the ECHR model, individuals, corporations, local, state and federal government brought before the court may in fact be even less constitutional.
Constructing a Supreme Court as such creates a roving system, making the U.S. Supreme Court extremely political. The courts authority will be wrapped in international bureaucracy and political framework and departs even farther from protecting individual rights and interpretation of the Constitution. This dilutes the balance of power, politicizes the U.S. Supreme Court and injects an international bureaucracy into our court system.
Exactly what the founders attempted to avoid.
Here are two questions that should be asked.