The Convention found the task too difficult for them, and they left the business as it stands, in the fullest confidence that no danger could possibly ensue, since the proceedings of the Supreme Court are to be regulated by the Congress, which is a faithful representation of the people; and the oppression of government is effectually barred, by declaring that in all criminal cases the trial by jury shall be preserved. [bold face mine]-- Speech of James Wilson. Pennsylvania, October 6, 1787.
Saturday, August 4, 2012
Founding Father James Wilson and the Supreme Court
James Wilson's authority on the Constitution is surpassed by no one. He believed as I do, the Congress can regulate the Supreme Court if it wishes. It can regulate it, and declare all its rulings null and void. Yet, today, the Court is the strongest branch, overruling the Congress, without the legislature's understanding they can override the court and President's decision with a supermajority: