Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: inquest
I have no objection to reining in the power of federal courts under Article III, but we shouldn't be surprised if they deem that unconstitutional.

Would not surprise me in the least but the PBA Act of 2003 will be a good test case for how they will come down on that. Santorum's brief essentially tells SCOTUS that Congress, not the courts, are due defference in finding of fact.

I'm interested in how that shakes out.

As for impeachement:

In principle I'm on your side but my opinion is that impeachment is not poltically doable while an amendment telling the supremes that marriage is not their business and is reserved to the states is doable.

45 posted on 12/30/2003 1:05:10 PM PST by jwalsh07
[ Post Reply | Private Reply | To 24 | View Replies ]


To: jwalsh07
Keep in mind that even an impeachment that doesn't result in a conviction will probably go a long way towards making judges a little more nervous about trashing the law. They would at that point know that their work will be subject to future scrutiny. An amendment, on the other hand, will simply not have that effect on them at all. It will be spun in such a way as to suggest that we're merely correcting a "defect" in the Constitution, which the judges correctly pointed out to us. That, I'm afraid, will simply encourage judges to misbehave further.
46 posted on 12/30/2003 2:00:02 PM PST by inquest (The only problem with partisanship is that it leads to bipartisanship)
[ Post Reply | Private Reply | To 45 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson