Congress checkmates runaway courts

email | Christopher Hansen

[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

[dirtboy]

and...there is a problem with that?

Yeah, it was a program set up to deal with the fact that blanket gun ownership bans will sometimes bar from firearms ownship those who subseuqnetly have become model citizens, or folks who are otherwise model citizens and make a mistake. Plus, do YOU think it's a good idea to allow the federal government to issue a blanket edict that restricts a right with NO review or appeal process?

[goldstategop]

Bump! Good step in the right direction and we need to impeach liberal judges who defy the Constitution and amend the Constitution to give Congress the power to override federal court rulings by a simple majority vote. Both measures should bring much of the judicial activism that occurs on the bench to a screeching halt.

[MissAmericanPie]

I don't see how this is any big cure, when courts don't pay to enforce their rediculous rulings anyway. Congress should impeach these creeps and remove them from the bench.

[Blessed]

Why is it great news? It is just campaign fodder for a few Congressmen. The Senate probably won't even vote on it. Can you say GRANDSTANDING!!!

[DeathfromBelow]

Since 80% of convicted felons end right back in prison for usually the same crime, I don't think it is that big a deal. But just like capital punishment, an innocent man will sometime be put to death.

[Mini-14]

As a resident of Chicago, your status as a gun-grabber is understandable.

[Tribune7]

Spending bills start in the House. If the Senate tries to put the money back it goes to a conference committee. Note the size of the House votes. Dems were on board.

Regardless the ball is in Senate's court.

This is not a victory but -- IF TRUE, there is no link to confirm -- it is great news.

I did a fast Google on Hostettler. He does sound like a great guy.

[dirtboy]

Since 80% of convicted felons end right back in prison for usually the same crime, I don't think it is that big a deal.

Once again, I'm not talking about that 80% - I'm talking about the exceptions, the guys who in all other ways are upstanding citizens. Or, there are even folks who were convicted of a misdemeanor - but now, that crime is a felony, and THEY are restricted from owning guns. But I guess it'll never affect you, so why worry? They'll NEVER take guns away from anyone other than felons.

Oops, they recently shifted the ownership ban to misdemeanor domestic violence. Well, I'm SURE it'll never go further...

[justshutupandtakeit]

So you know nothing about me, either?

[c-b 1]

I did a fast Google on Hostettler. He does sound like a great guy.

He is one of the most pro gun members of congress.

[mabelkitty]

WOW! This explains why the 9th has been so so so almost normal lately.

[Tribune7]

I got that impression. There really is such a thing as a good congresscritter.

[Tribune7]

LOL

[Dan from Michigan]

Hostettler is one of the good ones.

[PatrioticAmerican]

Cool!

[etcetera]

"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."

Great! Can this be expanded in lawyerese to include the judges' paychecks?