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- Embed this notice@sickburnbro @s2208 @egirlyuumimain Logically it makes no sense that a faction of the government, in this case Washington & the Federalists, could just make up new courts and appoint them, but that another faction couldn't simply fire them when they took power. It's an entirely self-serving standard that they just made up, and basically can only ever go towards increasing the power and centralization of the federal government. This exact same thing was done by FDR when he created new government agencies with new powers that were never mentioned before, and threatened the courts with packing if they didn't fall in line. "Packing" wasn't illegal, it was how the court was founded in the first place. If it's going to be fought, it's going to be some form of "reverse-packing", or some other legally dubious thing that will get ratified in hindsight just like our current system was.