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Congress checkmates runaway courts
email | Christopher Hansen

Posted on 07/30/2003 7:34:51 AM PDT by djf

Congress Checkmates Runaway Courts

Congress has invoked its constitutional power of the purse to block renegade federal courts.

Before the House recessed last week, Rep. John Hostettler (R-IN) attached to the Commerce, State and Justice appropriations bill an amendment denying any use of federal funds to enforce the U.S. 9th Circuit Court's ruling striking down the Pledge of Allegiance as unconstitutional. The amendment passed 307-119.

By a vote of 260-161, the House also approved a second Hostettler amendment barring the federal government from enforcing the 11th Circuit Court's order that Alabama Chief Justice Roy Moore remove the Ten Commandments from the state courthouse.

These are welcomed actions. As Rep. Hostettler noted, Federalist No. 78 makes it clear the Founders intended the courts, possessing neither the power of the purse nor the sword, to be the weakest branch of government. "[The courts] may be truly said," wrote Alexander Hamilton, "to have neither force nor will but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."

When Congress believes the judicial branch has acted in error, it has the power under the Constitution to block such court rulings by refusing to fund enforcement of those errant actions. For too long the legislative branch has abdicated this responsibility. These two amendments begin to restore the checks and balances the Framers built into the Constitution


TOPICS: Constitution/Conservatism; Government
KEYWORDS: aboutdamntime; courts; federalistno78; hostettleramendments; judicialactivism; judiciary
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1 posted on 07/30/2003 7:34:51 AM PDT by djf
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To: djf
It's about time somebody reined in these looney Leftist judges. Far too many are clearly incompetents who have risen far above their level of intelligence and are clearly just on power trips.
2 posted on 07/30/2003 7:39:58 AM PDT by holyscroller
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To: holyscroller
"*** It's about time somebody reined in these looney Leftist judges. Far too many are clearly incompetents who have risen far above their level of intelligence and are clearly just on power trips.***"

Yep. Thik "Affirmative Action" and "Voter Fraud" if ya want to know where the 9th circuit came from!


3 posted on 07/30/2003 7:44:47 AM PDT by Roughneck (Starve the Beast!)
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To: holyscroller
I disagree with this tactic, as it can be used to abuse as well. There is a program within the DOJ to grant waivers to convicted felons to allow them to legally carry guns. It was neutered by not being funded.
4 posted on 07/30/2003 7:45:33 AM PDT by dirtboy (Free Sabertooth!)
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To: djf
Good !
5 posted on 07/30/2003 7:49:06 AM PDT by Eric in the Ozarks
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To: djf
307-119 and 260-161. THAT shows just how far off into the Twilight Zone of Liberalism the courts have wandered.
6 posted on 07/30/2003 8:03:29 AM PDT by pabianice
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To: djf
well alright, some good news for a change
7 posted on 07/30/2003 8:13:02 AM PDT by Texas_Jarhead
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To: Texas_Jarhead
Don't hold your breath waiting for the Senate to pass this.
8 posted on 07/30/2003 8:16:01 AM PDT by Blessed
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To: dirtboy
Huh, you want convicted felons to be allowed to carry guns?
9 posted on 07/30/2003 8:18:19 AM PDT by justshutupandtakeit
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To: djf
Courts have checks & balances, too.

Probably the only way the increasingly conservative majority can get around the entrenched 'progressive' element in the judiciary.

10 posted on 07/30/2003 8:22:30 AM PDT by skeeter (Fac ut vivas)
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To: justshutupandtakeit
Huh, you want convicted felons to be allowed to carry guns?

There was an appeal process set up for special cases, such as a guy who was convicted of the equivalent of a felony in Mexico for accidentally taking a small amount of ammo into that country. But he cannot appeal or get an exemption because the review office is not funded.

I'll keep my Constitutional reservations separate about a federal sanction on 2nd A rights upon a STATE felony conviction.

11 posted on 07/30/2003 8:53:05 AM PDT by dirtboy (Free Sabertooth!)
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To: djf
YEAH - SPOTREP
12 posted on 07/30/2003 8:59:45 AM PDT by LiteKeeper
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To: djf
This is fantastic news!
13 posted on 07/30/2003 9:01:18 AM PDT by mathluv
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To: djf
Great news. About time.
14 posted on 07/30/2003 9:02:37 AM PDT by Tribune7
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To: Tribune7
bump
15 posted on 07/30/2003 9:06:44 AM PDT by CFW
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To: justshutupandtakeit
Huh, you want convicted felons to be allowed to carry guns?

You know, I don't really have a problem with this providing the felon has finished his sentence i.e. is not on probation or parole.

Note, that serious crimes result -- or should result -- in decades long sentences. OTOH, a kid nabbed for stealing a car at 18 is a convicted felon even if he owns a string of businesses and is a deacon in his church at age 35.

16 posted on 07/30/2003 9:07:03 AM PDT by Tribune7
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To: dirtboy
While not being in favor of excessive punishment for stupidity, I don't have a lot of sympathy for someone caught with ammunition trying to enter another country. How lame is that?

Nor do I care much for those who are caught getting on planes with firearms who excuse it by saying "I forgot."
17 posted on 07/30/2003 9:11:04 AM PDT by justshutupandtakeit
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To: justshutupandtakeit
While not being in favor of excessive punishment for stupidity, I don't have a lot of sympathy for someone caught with ammunition trying to enter another country. How lame is that?

He served his punishment in Mexico - however, what he was doing, carrying ammo, is not a crime in this country. In all other regards, he is a model citizen. That is why such a review board was set up in the first place.

18 posted on 07/30/2003 9:21:33 AM PDT by dirtboy (Free Sabertooth!)
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To: djf
As Rep. Hostettler noted, Federalist No. 78 makes it clear the Founders intended the courts, possessing neither the power of the purse nor the sword, to be the weakest branch of government.

A Congressman quoting from the Federalist? I may have to have my blood checked for hallucinogens.

19 posted on 07/30/2003 9:25:15 AM PDT by inquest (We are NOT the world)
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To: dirtboy
and...there is a problem with that?
20 posted on 07/30/2003 9:28:13 AM PDT by DeathfromBelow (.)
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