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Thread: H.r 3920
03-17-2004, 07:32 PM #1
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.
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.