[Old Dirty Bastiat]

thanx, i was thinking maybe congress could have a finding of "judiciary legislation" and then rule on whether the JL was constitutional. Of course, JL is by definition an unconstitutional violation of the separation of powers. I think it would be tough to get the current senate to go along with it though.

[F.J. Mitchell]

And the Judiciary would just declare that action un-constitutional and rub the Legislature's noses as well as ours in it. It is going to take the kind of surgery that everyone dreads to think about, to reign in the run away activist judges. Legislators fear the can of worms that impeaching Federal Judges would open up. On the other hand, the can of snakes that the Judiciary has already opened up by legislating from the bench and ignoring the Constitution, may demand radical and untested surgery, if the patient is to have a chance at survival.