February 24, 2004
IN THE COURT WE DON'T TRUST:
Move on to restore constitutional powers to their place (Phyllis Schlafly, February 23, 2004, Townhall)
The opening shot in a campaign to require the federal courts to operate within their authorized jurisdiction was unveiled recently in Montgomery, Ala., as the Constitution Restoration Act.The original sponsors of Senate Bill 2082 are Sens. Richard Shelby, R-Ala., Zell Miller, D-Ga., Sam Brownback, R-Kan., and Lindsey Graham, R-S.C. The original sponsors of the companion bill H.R. 3799 are Reps. Robert Aderholt, R-Ala., and Mike Pence, R-Ind.
This legislation would clarify that the federal courts do not have jurisdiction to hear cases brought against a federal, state or local government or officer for acknowledging God. The bill is in response to the dozens of cases filed nationwide asking federal judges to declare the recitation in public schools of the Pledge of Allegiance unconstitutional because it includes the words "under God," or asking that the display of the Ten Commandments in public buildings or parks be held unconstitutional.
The bill's sponsors believe that federal courts lack the authority to hear such cases or render such a decision.
An okay first salvo, but the Court's control over Constitutional interpretation should be restricted more generally. Posted by Orrin Judd at February 24, 2004 8:25 AM
My suggestion would be for the legislators, instead of passing such laws, to simply exercise their power to impeach judges whose decisions exceed their judicial powers.
Posted by: jd watson at February 24, 2004 1:27 PM