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Old 04-01-2019, 07:01 PM
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Originally Posted by Whack-a-Mole View Post
Nothing you noted says congress can set the size of another branch of government.

That people have gone with it so far does not mean it is law. It only means no one has challenged it so far.
Article 3, section 2 says that SCOTUS acts under such regulations that Congress shall make. Are you asserting that size is not one of them? Given it's done so many many times, that seems far fetched.

But sure, someone can litigate that clause and seek to have SCOTUS opine on the matter. Maybe you can enlist Paul Clement or Lisa Black. But until then, this claim you make, is contra indicated by all available evidence.

I really hope that all the Democratic candidates campaign on this though. It would be hilariously entertaining to watch them advance such spectacularly bad arguments.