Under Article III of the United States Constitution (the Constitution) all “judicial” power is vested in one supreme court.
The Constitution empowers congress “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”.
Under that authority congress enacted The Judiciary Act of 1789 (the Judiciary Act) which established the structure and jurisdiction of the judicial branch. It also reiterated the constitutional fact that the function of the judicial branch is adjudication; not arbitration; and that the basis for adjudication is the Constitution and the laws of the United States; not philosophical opinions
Nothing in the Constitution or the Judiciary Act empowers any court; including the US Supreme Court; to expand, amend, repeal, invalidate or otherwise alter any duly enacted legislation.
Moreover, the Constitution confers no legislative power on the court; nor authority to breach state sovereignty; so that court decisions apply only to the parties to the litigation before the court and cannot serve to deny justice to other Americans. So called “case law” is not law in the sense that it can supersede duly enacted legislation; nor does so called “precedent”.
The judiciary currently engages in a practice of using case law and precedent to circumvent legislation with which it disagrees. The common misconception is that a court decision becomes a part of the Constitution; it does not. Supreme Court decisions serve to inform lower courts as to its constitutional interpretations but the supremacy of the court resides solely within the judicial branch. It is not the supreme branch of government.
Merrick Garland is not unfit because he deviates from the norm rather it is because he subscribes to the misconception that the court is the supreme branch of government and has the power to supersede any legislature. In other words he is just as corrupt as as those currently sitting on the court and we do not need anyone else trying to impose their social views on this country.
Garland is a part of the problem; not a solution.