In other words: A discussion of The Bush Administration
The House of Morons
H. R. 3920 (Introduced-in-House)
A BILL
To allow Congress to reverse the judgments of the United States Supreme Court.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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.
SEC. 3. PROCEDURE.
The procedure for reversing a judgment under section 2 shall be, as near as may be and consistent with the authority of each House of Congress to adopt its own rules of proceeding, the same as that used for considering whether or not to override a veto of legislation by the President.
SEC. 4. BASIS FOR ENACTMENT.
This Act is enacted pursuant to the power of Congress under article III, section 2, of the Constitution of the United States.
Just to end any confusion right now "judicial activism" is defined as "any decision by a judge I do not like." Judges do not make laws, "activist judges" do not make laws, even the most wild ass interpretation by a judge is still just that, and interpretation. If congress doesn't like that, they have two choices: Impeach the judge, or write a law that is less open to interpretation (but that might require actual work).
So these guys don't like those options given to them by the constitution, they want a new one. The funny thing if this law passes, and the Supreme Court declares it unconstitution, does the House then vote on refersing that decision? And if they do, what happens? Stupidity I guess.
This is political pandering to a conservative base. This is all about gay marriage. Rep. Ron Lewis (R as in urrrrrhh?) has decided to show his constituents that he's ready to take a pre-emptive strike (that's all the range these days) against the inevitable day when the Supreme Court declares the "defense of marriage act" (signed by a true defender of marriage - Bill Clinton) unconstitutional. The actual Constitution by damned. Here's Rep Lewis's take on it:
“America’s judicial branch has become increasingly overreaching and disconnected from the values of everyday Americans,” said Lewis. “The recent actions taken by courts in Massachusetts and elsewhere are demonstrative of a single branch of government taking upon itself the singular ability to legislate. These actions usurp the will of the governed by allowing a select few to conclusively rule on issues that are radically reshaping our nation’s traditions.”
I didn't see any judge "legislating," I saw a judge say "nothing here in the Mass. Constitution about gay marriage... sorry. Next." It is then up to the legislation to better define the laws of Mass or even rewrite their constitution if they want to be so... asinine.
So now Ron wants to pass a law that is unconstitutional. If he is serious it in truth needs to be a constitutional amendment not a law. But Ron isn't serious, and he doesn't seem to mind promoting bills that would be unconstitutional if passed.
Which brings up his oath that he took when he started representing Kentucky (yes, they take an oath... I don't know if anyone checks to see if their fingers are crossed):
"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
So, I guess God wasn't helping out Ron, because, quite frankly, just to look good to his constituents of Kentucky, Ron is pissing all over the constitution.
- rob 4:53 PM - [PermaLink] -
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