Thom Hartmann: The Supreme Court has become a cancer on our Democracy

In last night's Daily Take - I said that I agree with Newt Gingrich when he said that the Supreme Court has to work under rules set by Congress; that Congress can limit the Court's powers; and that the court has taken onto itself the power to both shut down legislation and to create doctrine - like the ideas that corporations are persons and money is the same thing as speech. I pointed out that the Founders never intended - as you can read in Federalist 78 and Federalist 80 - for the Supreme Court to have jurisdiction over Congress and the President. The Supreme Court was beyond their Constitutional power when they handed George W. Bush the victory in 2000. They were beyond their Constitutional power every single time they struck down a law passed by Congress and signed by the President and - most importantly - every single time they created out of whole cloth new legal doctrines like "Separate but Equal" in Plessey versus Ferguson or "Corporations are people" with Citizen's United. If you want to see the whole thing, complete with the quotes from Hamilton and Jefferson, it's the July 12th, 2011 Daily Take on our YouTube page, and you can easily find it via So - in response to yesterday's daily take, a number of people have posted messages over at and on youtube and other places asking a few questions about this. The first is, if the Supreme Court can't decide what is and what isn't Constitutional, then what is its purpose? What's it ...


a2phil's picture
a2phil 5 years 45 weeks ago

What IS the purpose of the Supreme Court, besides supporting the rich??