DeLay Says Federal Judiciary Has 'Run Amok,' Adding Congress Is Partly to Blame

NY Times ^ | 4/8/05 | Carl Hulse and David D. Kirkpatrick

[Crackingham]

Representative Tom DeLay, the House majority leader, escalated his talk of a battle between the legislative and judicial branches of government on Thursday, saying federal courts had "run amok," in large part because of the failure of Congress to confront them.

"Judicial independence does not equal judicial supremacy," Mr. DeLay said in a videotaped speech delivered to a conservative conference in Washington entitled "Confronting the Judicial War on Faith."

Mr. DeLay faulted courts for what he said was their invention of rights to abortion and prohibitions on school prayer, saying courts had ignored the intent of Congress and improperly cited international standards and precedents. "These are not examples of a mature society," he said, "but of a judiciary run amok."

"The failure is to a great degree Congress's," Mr. DeLay said. "The response of the legislative branch has mostly been to complain. There is another way, ladies and gentlemen, and that is to reassert our constitutional authority over the courts."

Mr. DeLay's comments are the latest evidence of his determination to follow through on his vows to hold federal judges accountable in the aftermath of the failure of the federal courts to order the reinsertion of Terri Schiavo's feeding tube as Congressional conservatives intended.

He spoke against the backdrop of a looming confrontation in the Senate over potential changes to the chamber's rules that would end the power of the Democratic minority to filibuster President Bush's judicial nominees. But Mr. DeLay's confrontational tone differed starkly from that of Senator Bill Frist, the Republican majority leader, who says he seeks only to preserve the current independence of the courts and hopes a compromise can avoid a fight to change the rules.

Judges, including Chief Justice William H. Rehnquist and one member of the federal appeals court who heard the Schiavo case, have already been sharply critical of Congressional efforts to interfere with their authority as a violation of the Constitution's separation of powers. In a recent report, Chief Justice Rehnquist called one such measure "unwarranted and ill-considered" and said "a judge's judicial acts may not serve as a basis for impeachment."

Democrats and other critics are accusing Republicans of seeking to undermine the courts just because they do not like their decisions.

"The first lesson we teach children when they enter competitive sports is to respect the referee, even if we think he might have made the wrong call," Senator James M. Jeffords, independent of Vermont, said Thursday in a Senate speech. "If our children can understand this, why can't our political leaders? We shouldn't be throwing rhetorical hand grenades."

Mr. DeLay criticized Congress as failing to act vigorously enough. "I believe the judiciary branch of our government has overstepped its authority on countless occasions, overturning and in some cases just ignoring the legitimate will of the people," he said. "Legislatures for too long have in effect washed our hands on controversial issues from abortion to religious expression to racial prejudice, leaving them to judges who we then excoriate for legislating from the bench. This era of constitutional cowardice must end."

[Jeff Head]

Good for Delay. He's hitting the bullseye here and the dems/libs/rhinos hate it and will do everything they can to take him down.

Stick to your guns Tom!

[little jeremiah]

Moral Absolutes Ping.

I like what DeLay says. [I heard some stuff about DeLay being involved in illicit weirdness a while ago; if anyone knows the truth of this let me know. This doesn't diminish the truth of his statements; I just want to know the measure of the man.)

The miserable whining of leftists is like mosquitoes buzzing in the ear. Of course they love activist judges - how else would they accomplish their agenda?

Let me know if you want on/off this pinglist.

[Proud_texan]

"The failure is to a great degree Congress's," Mr. DeLay said. "The response of the legislative branch has mostly been to complain. There is another way, ladies and gentlemen, and that is to reassert our constitutional authority over the courts.""

I could quibble that the failure is completely that of Congress and don't know if I should say thank you, thank you, thank you or where the hell you been.

Got into a 30 minute "dialog" when the 20-something mouthpiece for my congresscritter who assured me that he had studied the subject carefully and that impeachment was the only option. I asked if he'd read the constitution, the Federalist papers, et al and he hemmed and hawed and said he stuided it for four years at the University of Texas. I told him he had my sympathy but instead of reading textbooks that told him what those documents said he might avail himself of the actual documents.

Poor kid didn't even know what the Constitution Restoration Ace of 2004 was yet the congressman was angling to be the head of the House Judiciary next time around with this kid being his "expert" on the subject.

And my congresscritter is a "conservative" Republican.

Tell it like it is, Tom and while you're at it remind the RINO pukes that they've sworn an oath.

[BykrBayb]

Urgent!!! Need pings to these two threads. There have been rumors that this was resolved on Monday, but I and some other freepers have contacted the parties involved. Mae Magouirk is still without nutrition and hydration, since March 28.


Granddaughter yanks grandma's feeding tube http://www.freerepublic.com/focus/f-news/1379537/posts

It's Happening Again (We've Got Another Schiavo, Starving In GA, No Brain-Damage) http://www.freerepublic.com/focus/f-chat/1379016/posts

[agere_contra]

I sympathise, but please don't divert this thread.

[John Locke]

In a recent report, Chief Justice Rehnquist called one such measure "unwarranted and ill-considered" and said "a judge's judicial acts may not serve as a basis for impeachment."

The good Justice should read the Constitution, especially Article III Section 1.

Oh, but I was forgetting ... the Constition is a "living document", and means whatever the Justice says it means.

So I guess the judiCiary are appointed for life. So how, thEn, to reMove the usurPERs from office?

[BykrBayb]

I'm sorry if I derailed the thread by repyling to little jeremiah's ping with a request for another ping. I didn't realize it would have such dire consequences. Everybody just go back to what you were talking about, and try to ignore post #5. If you absolutely must look at it, please put on welder's goggles for protection.

[SkyPilot]

No wonder the media and the Democrats want to politically kill him.

[mlc9852]

I hope he doesn't cave into the pressure about his "ethics". Like the dems have any room to talk.

[mathluv]

'"The failure is to a great degree Congress's," Mr. DeLay said. "The response of the legislative branch has mostly been to complain. There is another way, ladies and gentlemen, and that is to reassert our constitutional authority over the courts." '

He must be reading Mark Levin's book, "Men in Black".

As I listen to that book, I am amazed at how Congress has let the courts go beyond their power. Then I remember how long the dims have been in charge of Congress while this happened.....

[joesbucks]

Look, Delay doesn't like having to answer to anyone. That's his only problem. He's in a totally safe district that would re-elect him if he stood in the street naked with a Nazi flag. We all answer to someone, both here on earth and in the afterlife.

[fortheDeclaration]

Look, Delay doesn't like having to answer to anyone. That's his only problem. He's in a totally safe district that would re-elect him if he stood in the street naked with a Nazi flag. We all answer to someone, both here on earth and in the afterlife.

I am in his district and I support everything he says because it is right.

Now, if you can find an error in his political views, let me know.

As my representive he is representing my views exactly.

[joesbucks]

You make my point. He could stand in the middle of Houston naked with a Nazi flag and he would be re-elected. Delay may represent your views, but he is also a hothead who doesn't like to be challenged and doesn't like to be told no.

There are a couple of judges that represent your views too (when they did until a recent ruling), including the district judge from Atlanta and Rehnquist that have expressed that Delay and those like him were wrong in what they did.

[Jabba the Nutt]

"The failure is to a great degree Congress's," Mr. DeLay said. "The response of the legislative branch has mostly been to complain. There is another way, ladies and gentlemen, and that is to reassert our constitutional authority over the courts."

Okay, Mr Delay, let's have some Congressional action. You can start by impeaching some nutball judge, say from the 9th Circuit, not for misbehaviour, but for constitutional grounds. It must explicitly be for overstepping their bounds. It will only take a few impeachments, to get the attention of these judges. I've been asking for this for 15 years. The GOP has controlled Congress for 10 years.

[Hardastarboard]

Hope Delay realizes that these kinds of statements will make the left go after him even more furiously. He better be wearing his flame proof suit.

[goldstategop]

Cheers For The Hammer. Just what we need - to step our attacks on the krytocrats who rule us. The sovereign people rule and its time to put them back in their place.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[jstolzen]

Let's just hope this isn't more empty rhetoric.

We want ACTION, not words.

I for one am not holding my breath. Especially after Frist "went soft" on the whole judicial issue the other day. (Gee, what a surprise!)

[fortheDeclaration]

You make my point. He could stand in the middle of Houston naked with a Nazi flag and he would be re-elected. Delay may represent your views, but he is also a hothead who doesn't like to be challenged and doesn't like to be told no.

How does the fact that he does in fact represent my views line up with your contention that he is not accountable for what he says?

He is supported because we agree with him-period.

As for being a 'hot head', I have not seen any evidence of this.

But maybe standing for something is regarded as being 'hotheaded' these days.

There are a couple of judges that represent your views too (when they did until a recent ruling), including the district judge from Atlanta and Rehnquist that have expressed that Delay and those like him were wrong in what they did

Wrong in what Delay did?

Delay spoke out against the out of control judiciary.

Jefferson warned us about it.

Jackson resisted it.

Lincoln rejected it.

So how does Delay attacking the Democrats only means to advance their socialist agenda (since they can't get elected) show that he is out of control?

The Democrats fear losing control of the judiciary hence their filibustering Bush on his appointments, which is unprecedented in Senate history (not letting qualified appointee's come to a full Senate vote)

[StonyBurk]

Do agree DeLay is hitting the bullsa__ here. The Judiciary has been acting as an oligarchy of Despots. And Congress has been to blame,as much as the Judiciary. That being said
well by Mr.DeLay. I might note when Senator Frist says things like reported -that the Judiciary acted fairly in the
Schiavo case.And when Senator Frist noted we have an independent Judiciary. I might remind Senator Frist I am
convinced that they have earned full independence and irrelevance measured by the degree of their distance from
the US Constitution placed by Congress over ALL Americans
as "a rule for the government of the corts,as well as the
legislature."