Please discuss the interaction of the Supreme Court with Congress and analyze it as deeply and thoroughly as you can. For example, despite the separation of powers, the Constitution does not prohibit Congress from communicating with the Supreme Court. Indeed, the Supreme Court has its own procedures for comments. They are to be submitte-d to it in the form of “Friend of the Court” (Amicus Curiae) briefs.
In this case it could be argued that Congress was informing the Court of what it, the Congress, would do legislatively in the future. Why would that be improper? Justice Alioto chose to see it as a threat. Others might argue that it was merely a statement of congressional intent. In either case, the Supreme Court was free to ignore it, it was of no legal consequence.
Would you prohibit Members of Congress or Senators communicating with the Court?
Does someone give up his/her right to free speech when they are elected to Congress? There is no Constitution statement that either separation of powers or the First Amendment is superior to the other. The Congress and the Supreme Court are equals. If you were a Justice of the Supreme Court, in a conflict between separation of powers and First Amendment free speech protections, which should win out?
Do Justices of the Supreme Court meet their judicial obligation of objectivity?
Do Justices of the Supreme Court meet their judicial obligation of objectivity if they bend to the will of Congress to protect the existence of the Court, their own institution? Does the action of the Supreme Court in, some would argue, capitulating to the Congress on this gun control case mirror the Supreme Court capitulating to the Roosevelt Administration in the “Court Packing” affair and approving New Deal legislation?
an affront to the Constitution
If you, like Justice Alioto, believe a threat from Congress is “an affront to the Constitution,” how would you prohibit it in the future? Would you just ignore it, and make your decisions without concern of how Congress might react? Would you amend the Constitution, if so, how? Or does the Supreme Court have the power to simply interpret the Constitution and rule that it may limit the power of Congress to communicate with another branch?
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