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Join Date: Mar 2004
Age: 37
Posts: 467
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H.r 3920
Check out the new bill in the House, Congressional Accountability for Judicial Activism Act of 2004.
This bill allows Congress to overturn any ruling by the Supreme Court by just a 2/3rd's vote. This is the letter I sent to my reps. Dear Sir, I write to you in regard to a current Bill entitled "Congressional Accountability for Judicial Activism Act of 2004" or H.R. 3920. As I am sure you are aware, this Bill seeks to allow Congress to reverse the judgments of the United States Supreme Court in matters concerning the constitutionality of an Act of Congress. The Constitution of the United States cleary delineates the powers of Congress and the Supreme Court. The sole purpose of the Supreme Court is to provide a "checks and balance" of Congress by determining the constitutionality of laws passed. Congress has a tool already in place, created by the Constitution, to counter-act any law dismissed by the Supreme Court. They have used this tool 27 times since the creation of our wonderful Country. If the Supreme Court determines a law is unconstitutional, Congress has the ability to amend the Constitution to allow the law in dispute with a 2/3 vote and with the ratification of three quarters of the states. By doing so, the law would no longer be unconstitutional and would appease the Supreme Court. By making H.R. 3920 a law, Congress bypasses the role of the states. Article III Section 2 specifically spells out the Supreme Courts role in our government by saying that "the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects." Short of a Constitutional amendment, Congress does not have the power to create such a law. The Supreme Court is empowered by the Constitution not Congress. If this bill does pass to a law, won't it be ironic when the Supreme Court rendering it unconstitutional as well? I implore you to carefully consider this bill when it comes to a vote. It will be worth less than the paper its printed on and by voting it down, you will save tax-payer money and the Court's time by not having the Court vote it down. By voting yea, you will most certainly assure that I will never give you my vote again for any office you seek. I hope you do the right thing and send a message to the American people that you believe in the power of our Constitution as created by our forefathers. This system has stood well for 200 years and it would be a shame to see this made into a law. Thank you for your time. ----- I ask that you also write your congressmen about this bill. |
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