The Supremists

[KarlMarx]

I just read a good book by Phyllis Schlafly. The book deals with judicial activism.

Some things I learned:

1. Judges can be impeached by Congress.

2. With the exception of the Supreme Court, Congress has the power via the Constitution to take away the power of lower courts from hearing cases regarding any subject. This is why you never hear about lawsuits involving Medicare benefits. After its passage, Congress passed legislation preventing any court from hearing an case involving Medicare benefits. So Congress could prevent all lower courts from hearing any case on DOMA (i.e. Defense of Marriage Act)!

3. The Constitituion does NOT grant the Judicial Branch the power to enforce their decisions on any party other than those directly involved with the case. Therefore, Roe vs. Wade is unconstitutional in a sense, because the case was used to outlaw abortion bans in ALL states, rather than in the state where it originated (i.e. Indiana).

4. The Constitution does not grant the Judicial Branch the power to interpret law as it sees fit. Rather it has the power to decide whether a law violates the Constitutional Rights of the parties directly involved with the case.

5. The Judicial Branch does NOT have the power to grant rights e.g. abortion, gay marriage, homosexual sodomy. The Constitution grants that right solely to the Legislative Branch. For instance, Women's suffrage and the abolition of slavery were both realized when Congress amended the Constitution.

6. A Federal Law allows the ACLU to collect fees above their customary fees(at taxpayer's expense) for every case they win.

 

[William Joyce]

I just read a good book by Phyllis Schlafly. The book deals with judicial activism.

Some things I learned:

1. Judges can be impeached by Congress.

True. They impeached a judge named "Nixon" once. No relation.

2. With the exception of the Supreme Court, Congress has the power via the Constitution to take away the power of lower courts from hearing cases regarding any subject. This is why you never hear about lawsuits involving Medicare benefits. After its passage, Congress passed legislation preventing any court from hearing an case involving Medicare benefits. So Congress could prevent all lower courts from hearing any case on DOMA (i.e. Defense of Marriage Act)!

True. Congress should do this more often.

3. The Constitituion does NOT grant the Judicial Branch the power to enforce their decisions on any party other than those directly involved with the case. Therefore, Roe vs. Wade is unconstitutional in a sense, because the case was used to outlaw abortion bans in ALL states, rather than in the state where it originated (i.e. Indiana).

True, but as a practical matter, it doesn't much matter. An aggrieved party seeking the same result in Indiana would just bring a case in the district court, cite to Roe, and be on its way.

4. The Constitution does not grant the Judicial Branch the power to interpret law as it sees fit. Rather it has the power to decide whether a law violates the Constitutional Rights of the parties directly involved with the case.

Well, but in doing that, the Court pretty much does whatever the hell it wants. They can find a Constitutional violation anywhere.

5. The Judicial Branch does NOT have the power to grant rights e.g. abortion, gay marriage, homosexual sodomy. The Constitution grants that right solely to the Legislative Branch. For instance, Women's suffrage and the abolition of slavery were both realized when Congress amended the Constitution.

And yet they do. Go figure!

6. A Federal Law allows the ACLU to collect fees above their customary fees(at taxpayer's expense) for every case they win.

Really? I'm skeptical.