“He that ruleth over men must be just, ruling in the fear of God.” II Samuel 23:3b

By Riley J. Hood—Milwaukee County Constitution Party

The first time I read about the Commerce Court was on p. 529 of a book printed in 1952 by the Federal Government called, “Constitution of the United States of America.”  Unlike earlier editions of such books, this one had over 900 pages of SCOTUS decisions. My second source was the Federal Judicial Center, www.fjc.gov. 

Demand for a Commerce Court came from appeals to edicts from the Interstate Commerce Commission, which regulated the railroads since 1887. An Act of Congress, June 18, 1910, (36 Stat. 539) established the Commerce Court with five judges, appointed to serve staggered terms of up to five years. The Court also included at-large judges who could temporarily serve on circuit courts of appeals. The Court enforced all orders of the Interstate Commerce Commission and heard all challenges. Taft appointed five judges to different circuit appellate courts, in accordance with the Act. Commerce Court decisions were reviewable by SCOTUS, and many were overturned.  

Many Congressmen opposed the Court, and along with other critics called for its abolition.  Their movement picked up steam when CC Judge Robert W. Archibald was impeached by the House of Representatives in July 1912. In August 1912, Congress voted to abolish the Commerce Court. Taft vetoed the bill. Archibald was removed from office by the Senate in January 1913.  In October of 1913, Congress, supported, by Woodrow Wilson, again voted to abolish the court, and the CC was ended on December 31, 1913.  So much for Judicial Supremacy. Even Wilson viewed a court system dedicated to enforcing orders from a regulatory agency to be incompatible with American law.  A corrupt Judge was impeached, and a corrupt court was abolished. 

Don’t let politicians hide behind the myths of today, such as “Judges serve for life,” or “SCOTUS’s word is the law of the land.” A Court decision is never a law, and Judges serve during good behavior. Inferior courts are creatures of statute and can be abolished by statute.  SCOTUS is a creature of the Constitution, but it could be abolished by Amendment. 

Article III of the US Constitution states, “In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”  Congress can stop SCOTUS from striking down our State Laws punishing the murder of pre-born babies, according to the Constitution. 

The Milwaukee County Constitution Party asserts the following: The Constitution Party will only nominate 100% Pro-Life Judges. “Strict Construction” is no substitute for being 100% Pro-Life. Impeachment is more appropriate for unelected Judges like RBG, than for sitting Presidents, even though the Constitution provides for such.  Congress hides behind SCOTUS so they can have their moral image and legalized crime at the same time.  Finally, the murder of 65,000,000 million pre-born babies is a national curse for which we will all have to answer to God, so don’t take any excuses in your efforts to fight on behalf of the pre-born.  If Congress can abolish a corrupt court, it can rein in SCOTUS as well.