Overdrawn and Off Balance
As a child, I was always taught that our government worked under a system of checks and balances. This, I was taught, was a very good thing. It meant that no single branch of the government could ever claim more power for itself just by willing it to be so. In this delicate system, the Supreme Court acted as a final check. They have no power to write legislation, no say in whether or not it is passed, cannot command the President to do anything – but they act as the keepers of the Constitution.
Mac at thegofish points us to sledgeblog, which brought this little bit of legislative fooferall to our attention.
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.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.
As to whether or not this piece of legislation ever even makes it out of committee, the chances are slim. After all, it’s only supported by a list of minor representatives – none of the big boys are on board just yet.
But the bill itself signals a serious problem – our own government no longer recognizes how it’s supposed to work. I’m no PoliSci grad, but even I know that the Supreme Court exists for the purpose of making decisions about the Constitutionality of what comes out of Congress.
If the Congress can overturn a veto and then proceed to overturn a Supreme Court decision against their legislation, then the Congress will have effectively removed all checks and balances pertaining to their power. Of course, this law is unconstitutional, but I have to ask – if it actually managed to pass and get to the point of a Supreme Court decision, would these Congressmen actually be so brash as to try to use the law to overturn that decision?
Give me a break.
Yes. Write your representatives and tell them to kill this legislation as quickly as possible – such a response may not be needed, but it will send a message.
Then, take a look at the list of representatives supporting the bill and consider their re-electability carefully:
- Terry Everett, Alabama 2nd
- Trent Franks, Arizona 2nd
- John Doolittle, California 4th
- Richard Pombo, California 11th
- Joel Hefley, Colorado 5th
- Jack Kingston, Georgia 1st
- Mac Collins, Georgia 8th
- Ron Lewis, Kentucky 2nd
- Howard Coble, North Carolina 6th
- Joseph R. Pitts, Pennsylvania 16th
- Jim DeMint, South Carolina 4th
- Virgil H. Goode, Jr., Virginia 5th