Next We Should Starve the Courts

Human Events ^ | Apr 12, 2005 | Phyllis Schlafly

[Tailgunner Joe]

The courts so purposely humiliated Congress in the Terri Schiavo case that some U.S. representatives are finally beginning to talk back. Non-elected judges have flagrantly abused the legislative and executive functions of government for so many years that we wonder why a reaction has taken this long.

With the whole world watching, a mere probate judge in Florida thumbed his nose at a congressional subpoena and refused to comply. Then the federal judiciary closed ranks behind him, asserting its independence from and supremacy over not only an act of Congress, but even over the life of an innocent and defenseless woman.

Eleventh Circuit Judge Stanley Birch stuck in the knife, asserting that Congress unconstitutionally "invades the province of the judiciary and violates the separation of powers principle." We marvel at the chutzpah of a federal judge charging Congress with violating the separation of powers after we've endured years of judges legislating from the bench, rewriting our Constitution, distorting our history, assaulting our morals, saving vicious criminals from their just punishment, raising taxes and inflicting us with foreign laws.

When a man's honor is impugned, he can pretend he didn't hear the insult or he can come out fighting. Congress can't pretend it didn't hear Judge Birch's insult, so Congress must take action to curb the imperial action of supremacist judges.

Rep. Patrick McHenry (R.-N.C.) responded that we saw "a state judge completely ignore a congressional committee's subpoena and insult its intent" and "a federal court not only reject, but deride the very law that Congress passed." House Judiciary Committee Chairman Rep. James Sensenbrenner (R.-Wis.) who has likewise had enough, said, "Terri's will to live should serve as an inspiration and impetus for action."

Majority Leader Tom DeLay (R.-Texas) spoke for Americans who believe in the Constitution when he said, "The Congress of the United States for many, many years has shirked its responsibility to hold the judiciary accountable. No longer."

Even some Democrats in Congress are dismayed by the arrogance of the judges. Adam Schiff (D.-Calif.) observed that "once they get on the bench, they seem to think the importance of having a relationship with the House and Senate no longer exists."

But Sen. Ted Kennedy (D.-Mass.) like most liberals who can't achieve their radical goals legislatively, supports judicial supremacy over Congress, the president, the Florida governor and legislature. Kennedy even tried to silence complaints by absurdly suggesting that public criticism incites violence against judges.

The Constitution expressly limits the power of federal judges to what our elected representatives give them. After all, what is the point of having representative government if non-elected and unaccountable judges decide everything of significance?

Congress and the president should not pass the buck to judges in black robes and hide behind their skirts when they make outrageous decisions. Here are some ways Congress can start to restore representative government.

• Congress should withdraw jurisdiction from the federal courts over the Pledge of Allegiance, the Ten Commandments, and the Defense of Marriage Act. Two bills to do this (the Akin Bill and the Hostettler Bill) easily passed the House last fall but were ignored by the Senate, and now it is time to make them law.

• Congress should withdraw jurisdiction over court challenges to the Boy Scouts of America, a federally chartered organization, which the American Civil Liberties Union is currently trying to ban from public schools. The ACLU is seeking activist judges who will rule it a violation of the First Amendment for the Boy Scouts to pledge allegiance to God and country and commit to keeping themselves "morally straight."

• Congress should repeal the 1976 law that permits activist judges to grant lavish attorney's fees to the ACLU when it succeeds in banning the Boy Scouts, the Ten Commandments or a cross that has existed on public property for decades.

• Both Houses of Congress should hold hearings about remedies for supremacist decisions. Congress should bring defiant judges before the American people to answer questions about their worst rulings.

Any judge who allows an adulterer with a live-in girlfriend to terminate the life of his wife should be impeached. Victims of such judges should have the right to demand a different judge (as is currently granted by Illinois courts).

Now that judges embrace forcibly starving someone to death, Congress should use its appropriation power to starve the judicial budget. Let's cut out judges' perks such as travel to international conferences where they pick up bad ideas about conforming our laws to foreign opinions and United Nations treaties.

On April 1, Justice Ruth Bader Ginsburg criticized congressional resolutions to curb the out-of-control judges, saying, "It is disquieting that they have attracted sizable support." She endorsed the practice of consulting foreign and international law.

But Chief Justice William Rehnquist included this statement in his annual report without any criticism or comment: "There were several bills introduced in the last Congress that would limit the jurisdiction of the federal courts to decide constitutional challenges to certain kinds of government action."

Maybe Rehnquist was reminding Congress of its constitutional powers to constrain the judiciary.

[Spok]

"Let's cut out judges' perks such as travel to international conferences where they pick up bad ideas about conforming our laws to foreign opinions and United Nations treaties."

Why stop there? Congress could just unfund a court completely.

[KEmom]

Thanks for posting. I totally agree.

I would also like to see impeachment proceedings started on the MA SJC for allowing gay marriages here in Massachusetts.

[texgal]

They should be starved the same way they starved Terri Schindler (I will not use the name of her murderer) and the same way the grandmother in Georgia was almost starved to death. Each and every one of us is in danger of the same treatment if something is not done soon.

The legislative and executive branches should follow the example of Andrew Jackson and let them try to enforce it without funding.

[Diogenesis]

Pinellas county, Florida serial murderer uncertified Judgenfuhrer Greer:
"We Rule in Florida and will torture and exterminate anyone who gets in our way.
We, who Rule in Florida, are exempt from ALL rules and law.
I did not even take the oath of office.
The US Constitution - I ignored it.
18 USC Section 1505 - I ignored it.
Title 2 of the US code - I ignored it.
Florida Statute 765.309 which prevents mercy killing and assisted suicide - I ignored it.
Florida Statute 744.3215 which requires that incapacitated people cannot be deprived of food and water - I ignored it.
Florida Statute 765.404, which says that clear and convincing evidence of the ward's intent for medical treatment must be established - I ignored it..
Florida's Department of Children and Families nearly 90 allegations?
We in Florida will murder anyone under our law.
So what are you gonadless pussies in Congress dare gonna do about it? Nothing."

[SedVictaCatoni]

Why stop there? Congress could just unfund a court completely.

It is worth noting that, while the author is right about perks and administrative budget, Article III, Section 1 of the United States Constitution prohibits Congress from cutting federal judges' pay.

[Spok]

"Article III, Section 1 of the United States Constitution prohibits Congress from cutting federal judges' pay."

The only court created by the Constitution is the US Supreme Court. The District Courts, the Appeals Courts, as well as immigration, tax and customs courts, were all created by Congress, and did not exist when Article III was written.

[Hostage]

"Both Houses of Congress should hold hearings about remedies for supremacist decisions. Congress should bring defiant judges before the American people to answer questions about their worst rulings"

That is an excellent idea. The Congress is often and regularly holding hearings where members of the administration, the federal reserve, the various agencies such as the IRS are questioned.

It would be fitting to have judges such as this Greer fellow up in front of Congress to explain his process before representatives of the people.

This is absolutely a must-do item!!!

[Diogenesis]

Impeachment would be both more selective and would be
quite educational for some in the judiciary.

[elbucko]

Congress should repeal the 1976 law that permits activist judges to grant lavish attorney's fees to the ACLU..

A good place to start.

[Fido969]

I agree - the courts are absolutely corrupt.

[Mark in the Old South]

I do not recommend foolish new laws. Trying to tailor make a pet issue beyond their reach will just be chasing you own tail. The courts will move around the law and Congress can do little about the SCOTUS except the following:

Cut their funding, both SCOTUS and lower Federal courts. Reduce their staff, make'um pay for their own fanny kisser. Starting playing around with pensions and they will find out real quick who is boss. This is also a good test to see who in Congress wants real reform and who wants window dressing for the folks at home. This should be an easy sell. One way or the other everyone, trial lawyers excepted, hates the courts, be they democrats or republicans. Make an issue of their high salaries, easiest thing in the world to demonize. Democrats do it all the time, so do pubs, remember Reagan's welfare queens?

Redraw districts eliminating a few choice judges, I care not a lick if they are GOP or DNC nominated judges they all will get the message when one or two get handed a pink slip because their district has disappeared. This will take some real courage and may be a harder sell with the folks back home. It is hardball and the Courts and their groupies will scream like a little girl who has her lollipop taken away. Expect heat but the rewards will be heaven. Might be loads of fun to watch. A great way to narrow the field to those judges who tow the line. Most are ambitious so a little less job security will get you the result you want.

Hold hearings. For those who only want smoke and mirrors this is the way to go. If they keep getting dragged back into Congress with lots of drama and cameras rolling they will grow weary of it and think twice. Danger a budding Oliver North in black may be in their midst. It can back fire and it can be useless if you do not keep it up. Target the ninth circuit court, every conservative's fav. But remember them may end up loving the spotlight so be careful. The other two are safer and most of the public will forgive and forget by election time unless they love you for it. Those who will not forgive were never going to vote for the GOP in the first place. The NYslimes nor the Washedup Post were going to give the GOP a thumbs up anyway, They are going to trash you one way or the other, might as well be something worthwhile.

[lilylangtree]

Judicial system needs thorough cleaning. Put these judges behind bars for contempt should change their minds.

[SedVictaCatoni]

The only court created by the Constitution is the US Supreme Court. The District Courts, the Appeals Courts, as well as immigration, tax and customs courts, were all created by Congress, and did not exist when Article III was written.

According to Article III, judicial power is also vested in the "inferior Courts" which Congress creates, and the "Judges, both of the supreme and inferior Courts... shall receive... a Compensation, which shall not be diminish during their Continuance in Office."

This means that district, appellate, etc. judges are treated the same: Congress can't cut their pay. This does not apply to magistrate, bankruptcy, or other so-called "Article I" judges.

[QQQQQ]

I haven't seen anyone ping you to this for the Terri ping list.

I am sure this is of interest.

[The Ghost of FReepers Past]

I like the way she thinks.

[Diogenesis]

"This does not apply to magistrate, bankruptcy, or other so-called "Article I" judges.

You mean like Pinellas county, Florida's (apparently serial) murderer uncertified Judgen Greer?
Since he refused to take the Oath of office, Congress can do nothing, right?

[Bommer]

Your links are broken

[ClaireSolt]

Shaffley is smart. apparently the HR is doing more than the press lets us know about. De Lay said that they passed an amendment to move the 9th Circuit to Guam and some other things. However, Congress will do what the public demands.

I think there is an opportunity for those who will gather and circulate information about judges and their decisions. In particular, in Florida, where the judges are all elected, we could make an effort that would make a difference. This is the second time in four years that the courts have given the state a black eye. Yet the Supremes are still sitting and Greer was re-elected wil a massive war chest of $154,000. We could impact this situation if we wanted to.

[trustandobey]

This is ONE woman who I'd vote for for President. The ONLY one!