Supreme Court Not The Final Arbiter of Law

I am currently involved with a conversation with two members in the community "Defenders of the Constitution" at Google Plus. One of the them said, " I'm the one who is suggesting you follow the constitution, which says the Supreme Court is the final arbiter of the law. You are the one ignoring that reality." So, I did some research. Nowhere does the Constitution say that. If it would, it would be in Article III. It is not there.

Those words were stated by former Chief Justice Charles Evans Hughes. This is what he said, "As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution." Article III of the Constitution says none of that. By the way, you can see the article that quotes the former Justice here: www.supremecourt.gov/about/constitutional.aspx
And you can see Article III of the Constitution here: www.law.cornell.edu/constitution/articleiii

Here is what Article III says at the very end, "The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted." Wait a minute, that can't be right. Not if the Supreme Court is the final arbiter of Law. They should determine the punishment of treason. Isn't that so?

Now let's look at the powers of Congress. Article I here: www.archives.gov/exhibits/charters/constitution_transcript.html

The powers of Congress are in Section 8. Here's a portion, "To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States." Who establishes a uniform rule of naturalization? Who establishes laws on bankruptcies? Not the Supreme Court.

"To provide for the Punishment of counterfeiting the Securities and current Coin of the United States." Who provides for the punishment? Not the Supreme Court.

"To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations." Who defines and punishes? Not the Supreme?

And finally, "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." Who should make these laws? Not the Supreme Court. Notice the phrase, "all other Powers vested by this Constitution." Wouldn't that include the Supreme Court?

Seems to me Congress is the final arbiter of the Law. That would certainly make sense in a Republic as the United States is.

What do you think? If you agree, then...




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