OPINION:
There’s currently a debate going on about whether Congress can impose ethical standards on the Supreme Court (“Senate Judiciary Committee sends legislation imposing code of ethics on Supreme Court to full Senate,” web, July 20).
Based on the Constitution itself, the answer is a resounding no.
The Constitution establishes three separate but equal branches of government: the legislative branch (which creates the law), the executive branch (which carries out the law) and the judicial branch (which determines the legal meaning of the law).
Article I lays out the powers of Congress and clearly defines the areas in which it may make laws. Congress also has the power to create laws that are “necessary and proper” for the carrying out of the powers of government.
This is not the same as giving Congress the power to control how the court conducts its business. Otherwise, the premise that we have three co-equal branches of government is nonexistent.
The inverse of Congress telling the court what ethical standards it should have would be the court telling the House or Senate what rules it should have.
Congress’ attempt to create ethical standards for the court is nothing but another power grab by the political left. It seeks to manipulate the court to its advantage by chilling its independence to determine how it operates when it comes to its own ethics.
While Congress may make suggestions, there is nothing in the Constitution that explicitly or implicitly allows it to define what is ethical for the court.
The court must push back on the left’s efforts to censor and control it, or it will forever lose its co-equal status.
ANDRELLOS MITCHELL
Washington
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