Ever Heard of Separation of Powers?
Proving that being Republican is no proof against being an idiot, Rep. Ron Lewis from Kentucky has introduced this legislation:
H.R.3920
Title: To allow Congress to reverse the judgments of the United States Supreme Court.
There are 11 co-sponsors, but no one of any note.
Hat tip to ToneTheMan
Human Events has a list of several different proposals that -constitutionally- limit the power of the federal Judiciary. Some of the others aren’t so draconian, and have real potential to reign in the overreach of the activist judges. That’s part of the separation of powers, too.
Even if this thing were to pass, it would never be used. If you really somehow got 2/3 of each house to oppose a decision, they could have done something easier first.
Congress already has all the power it needs to reign in judges. It simply refuses (perhaps wisely) to exercise that power.
A simple majority of the House and 2/3 the Senate can remove any Justice from office. Further, they can do for any reason they damn well please. No judge can say the reason was “illegitimate,” as they would simply remove HIM, too. A Sufficiently determined Congress really has the ultimate power under the Constitution. They can remove members of the other branches, but the President and Supreme Court cannot remove a Congressman.
I don’t think Congress cut a wide swath through the judiciary and executive branches, but I really believe we would be better off if they removed perhaps 2-3 a year pour encorager les outres.
This bill sounds like a good idea. It’s time for the legislative branch to take back its legislative powers from the activist judiciary… that’s the way it’s supposed to be, like the framers intended.