The Facts Machine

"And I come back to you now, at the turn of the tide"

Sunday, May 23, 2004

REPUBLICANS VS SEPARATION OF POWERS

Apparently in early March, some Congressional Republicans introduced a bill to throw a wrench in our Constitution:
Mr. LEWIS of Kentucky (for himself, Mr. DEMINT, Mr. EVERETT, Mr. POMBO, Mr. COBLE, Mr. COLLINS, Mr. GOODE, Mr. PITTS, Mr. FRANKS of Arizona, Mr. HEFLEY, Mr. DOOLITTLE, and Mr. KINGSTON) introduced the following bill

(...)

SECTION 1. SHORT TITLE.

This Act may be cited as the `Congressional Accountability for Judicial Activism Act of 2004'.

SEC. 2. CONGRESSIONAL REVERSAL OF SUPREME COURT JUDGMENTS.

The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court--

(1) if that judgment is handed down after the date of the enactment of this Act; and

(2) to the extent that judgment concerns the constitutionality of an Act of Congress.
Even going beyond the ridiculous Constitutional implications of a bill like this, consider the practical ones. No doubt it was written with gay marriage in mind. Do these Congressman really think that if the odds of a 2/3 majority of legislators emerging who support a Constitutional amendment banning gay marriage are virtually nil, then the chances of another 2/3 majority emerging who'd be willing to overturn a decision more lenient to gay marriage would be any better?

Furthermore, judicial opinions are often complex, with many elements. Would these Republicans try to use the bill to line-item-veto portions of opinions?

Anyway, there's no reason to take such a bill seriously, they should be filed next to classics like the far right's annual attempt to put us back on the gold standard or something. (link via Fark)

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