Congress Seeks Authority to Overturn Supreme Court Decisions

Talon News ^ | 04/16/04 | Jimmy Moore

[coffeebreak]

WASHINGTON (Talon News) -- Rep. Ron Lewis (R-KY) has offered legislation in the U.S. House of Representatives that would allow Congress to overturn future U.S. Supreme Court decisions by a super majority vote.

"The Congressional Accountability for Judicial Activism Act," or H.R. 3920, would give Congress permission to override certain U.S. Supreme Court rulings if two-thirds of both houses of Congress vote for it.

Lewis said he drafted this legislation to combat the activist judges who have been "legislating from the bench" in recent years.

"America's judicial branch has become increasingly overreaching and disconnected from the values of everyday Americans," Lewis observed in a statement.

Lewis states the judiciary has ceased interpreting the law and is now making law.

"The recent actions taken by courts in Massachusetts and elsewhere are demonstrative of a single branch of government taking upon itself the singular ability to legislate," Lewis continued, referring to the controversial ruling issued by the Massachusetts Supreme Court late last year that legalizes gay marriage in that state beginning next month.

"These actions usurp the will of the governed by allowing a select few to conclusively rule on issues that are radically reshaping our nation's traditions," Lewis concluded.

Restoring a proper amount of checks and balances is the key to this legislation, Lewis added.

This legislation would be limited to rulings dealing with the constitutionality of bills passed by Congress only.

Yet, Lewis said the American people deserve to have their representatives in Congress decide for them whether or not a judicial ruling is right or not.

"The framers of the Constitution were advocates of serious debate who believed that the deliberation of the political process should always be open to the people," Lewis expressed. "As the courts continue to expand their power of judicial review, I believe Congress, as the people's branch of representative government, should take steps to equally affirm our authority to interpret constitutional issues."

Referring to the historic 1803 U.S. Supreme Court decision Marbury v. Madison, Lewis said the U.S. Constitution does not allow the right judicial review because it would threaten the equality of the three branches of government.

"As judicial power expands, Congressional power contracts," Lewis revealed. "This is especially true when the power to interpret the Constitution rests in the hands of activist judges anxious to find the latest 'right' hiding between the lines of our founding document."

"The Congressional Accountability for Judicial Activism Act" has 22 co-sponsors and is currently under consideration in the House Judiciary Committee as well as the House Rules Committee.

[coffeebreak]

Something MUST be done to rein in activist judges. 'Coercing Virtue: The Worldwide Rule of Judges' by Judge Robert H. Bork is a good book to read if this subject interests you.

[rs79bm]

The supreme court is the law of the land.

[Sophie]

YIKES!!!

[goldstategop]

Robert Bork advanced a similar proposal in Slouching Towards Gomorrah. The basic idea is the final say about social and economic policy should rest with the elected representatives of the people, not with unelected judges. Its not like the American people are terribly extreme. The mere threat Congress can override the court when its wrong should push judges into seeking a consensus for important decisions instead of imposing one upon based on the whim of one man or in the case of the U.S Supreme Court, by a one vote margin.

[Torie]

Lewis must be brain dead or poseur to think a federal statute can override constitutional law.

[nmh]

Good! The Supreme Court is no longer fulfilling it's legal obligations just as activist judges. It's wise to have Congress keep them in check and stop them from some of their outrageous law making.

[Walkingfeather]

Are YOU FREAKING DAIN BRAMADGED? Think this little idea through. I hate activist judges but if you think the congress is the answer.....??? do you actually think congress will stay republican??? buddy it ebbs and flows... a monumental bad idea.

[Valpal1]

Even if this passed, the weanies in Congress would be afraid to use it.

All they have to do is impeach the activists on the 9th Circuit Court (the most overturned court in the history of the world and they are just begging for it) and you would see judicial circumspection flower across the land.

Congress is powerless because they refuse to wield the power they have, not because they need a new law giving them new or more power.

[coffeebreak]

The supreme court is the law of the land.

The Congess makes the "law of the land".

There are THREE branches of government and one is not higher than the other. Do you suggest that the Supreme Court, or any court for that matter, be able to do whatever it wants, no matter what? The Congress makes the laws NOT the Judiciary.

[GeronL]

Something has to be done.... but is this it?

[M-cubed]

yup!...and if they keep chipping away at it.... the whole Constitution will eventually be ruled unconstitutonal... the laws of the land will certainly look different then...

[valkyrieanne]

Sorry - an act of Congress won't do it. It requires an amendment to the US Constitution.

[rs79bm]

Of course not. What I simply meant, was that they are the "Supreme" court. The highest court in our system. They have the final say.

[freedom4me]

How about following the Constitution...impeachment!

[Amerigomag]

Something MUST be done to rein in activist judges.

Let's separate activist judges from Supreme Court judges for the purpose of this response.

This legislation is misguided. Beside eroding our system of government it's totally unnecessary.

The founding father's built natural checks and balances into our system of government. No branch of government can run roughshod over the other two branches.

There has long been a simple solution available to the executive to deal with Supreme Court rulings gone wrong. Ignore them. Two presidents have. The court has no police/military power to enforce their decisions

There has long been a remedy available to the legislature to correct a screwed up Supreme Court. Stop funding the court. The legislature controls the purse strings.

[M-cubed]

I dont know either....but one thing should be clear...the original INTENT...plenty of historical discussion there...Al gores idea of an everchanging document never quite washed with me...

[Freedom4US]

"Congress is powerless because they refuse to wield the power they have, not because they need a new law giving them new or more power."

Precisely. They also have the perfect "excuse" to their constituents. "Yes, that really stinks, but you know, the courts have ruled and there's nothing we can do about it.."

[McGavin999]

Well, the judiciary deserves this. They didn't reign themselves in, there is no other way to fix this.

What a mess.

[Dubya]

bump

[coffeebreak]

Lewis must be brain dead or poseur to think a federal statute can override constitutional law.

The Constitution doesn't say that the Judiciary can MAKE law. The Constitution also gives the Legislative Branch the authority to determine the scope of the Judiciary's jurisdiction. The bill already has 22 co-sponsers; are they all brain-dead too. :)