Tushnet (2005) defends his point-of-view by writing that the advocates of the Stuart lawsuit placed the argument that Justices of the Supreme Court, even though, had the authority to be Supreme Court Justices, but they could not be Circuit Court Judges if the position of Circuit Court Judges already taken up by others had been eradicated. Furthermore, they stated that the eradication of the Circuit Judges had been, in fact, illegal and undemocratic in accordance to Article III of the Constitution that stated that once authority had been assigned to a body, it had an enduring or life term; and giving Congress, the authority, to eliminate or eradicate the Circuit Courts had been against the judicial sovereignty promised. Another argument had been that the Congress could not and should not add to the responsibilities already handled by the Supreme Court Justices/Authorities mainly because the added responsibilities could burden them unnecessarily...
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