Can a federal judge (not the SCOTUS) who overrules congress be arrested? What about judges that overrule the voters? It seems that judges rule, not elected officials or the will of the people.
Didn't that happen in californication? The people voted against gay marriage (prop 9 I believe it was), but the courts over ruled the peoples votes?
Interesting subject. I like the fact that Gingrich is not afraid to challenge the supremacy of the courts. They are often as arrogant, as elitist and as out of touch with the will of the people as he says. In the most simplistic terms: if we are supposed to have government “of the people, for the people and by the people, then how can a few unelected, unrepresentative individuals in black robes basically cancel the will of the people as expressed through their legislative representatives?
There is one issue that remains to be clarified: Even if the judges should be reined in, isn’t there a proper role for the judges to be the arbiters of constitutionality? In other words, the constitution is our supreme law. Therefore, all legislation must be constitutional. How can Congress alone be their own judges as to whether the laws they make are constitutional? Isn’t that a clear conflict of interest? And, don’t we all need some check on the power of a Congress that might pass unconstitutional, even oppressive laws (eg, Obamacare)? It seems there is an insoluble dilemma between wanting to control overreaching courts and overreach by the other branches of government at the same time.