Phyllis!!

John blueoval at 1SMARTISP.NET
Mon Apr 18 06:51:59 MDT 2005


 Next We Should Starve The Courts
       April 13, 2005 by Phyllis Schlafly
       The courts so purposely humiliated Congress in the Terri
Schiavo case that some Representatives are finally beginning to
talk
back. Unelected judges have flagrantly abused the legislative and
executive functions of government for so many years that we
wonder
why a reaction has taken this long.
       With the whole world watching, a mere probate judge in
Florida
thumbed his nose at a congressional subpoena and refused to
comply.
Then the federal judiciary closed ranks behind him, asserting its
independence from and supremacy over not only an act of Congress
but
even over the life of an innocent and defenseless woman.

       Eleventh Circuit Judge Stanley Birch stuck in the knife,
asserting that Congress unconstitutionally "invades the province
of
the judiciary and violates the separation of powers principle."
We
marvel at the chutzpah of a federal judge charging Congress with
violating the separation of powers after we've endured years of
judges legislating from the bench, rewriting our Constitution,
distorting our history, assaulting our morals, saving vicious
criminals from their just punishment, raising taxes, and
inflicting
us with foreign laws.

       When a man's honor is impugned, he can pretend he didn't
hear
the insult or he can come out fighting. Congress can't pretend it
didn't hear Judge Birch's insult, so Congress must take action to
curb the imperial action of supremacist judges.

       Rep. Patrick McHenry (R-NC) responded that we saw "a state
judge completely ignore a congressional committee's subpoena and
insult its intent" and "a federal court not only reject, but
deride
the very law that Congress passed." House Judiciary Committee
Chairman Rep. James Sensenbrenner (R-WI), who has likewise had
enough, said, "Terri's will to live should serve as an
inspiration
and impetus for action."

       Majority Leader Tom DeLay (R-TX) spoke for Americans who
believe in the U.S. Constitution when he said, "The Congress of
the
United States for many, many years has shirked its responsibility
to
hold the judiciary accountable. No longer."

       Even some Democrats in Congress are dismayed by the
arrogance
of the judges. Adam Schiff (D-CA) observed that "once they get on
the
bench, they seem to think the importance of having a relationship
with the House and Senate no longer exists."

       But Senator Ted Kennedy (D-MA), like most liberals who
can't
achieve their radical goals legislatively, supports judicial
supremacy over Congress, the President, the Florida Governor and
legislature. Kennedy even tried to silence complaints by absurdly
suggesting that public criticism incites violence against judges.

       The Constitution expressly limits the power of federal
judges
to what our elected representatives give them. After all, what is
the
point of having representative government if unelected and
unaccountable judges decide everything of significance?

       Congress and the President should not pass the buck to
judges
in black robes and hide behind their skirts when they make
outrageous
decisions. Here are some ways Congress can start to restore
representative government.

       Congress should withdraw jurisdiction from the federal
courts
over the Pledge of Allegiance, the Ten Commandments, and the
Defense
of Marriage Act. Two bills to do this (the Akin bill and the
Hostettler bill) easily passed the House last fall but were
ignored
by the Senate, and now it is time to make them law.

       Congress should withdraw jurisdiction over court challenges
to
the Boy Scouts of America, a federally chartered organization,
which
the ACLU is currently trying to ban from public schools. The ACLU
is
seeking activist judges who will rule it a violation of the First
Amendment for the Boy Scouts to pledge allegiance to God and
country
and commit to keeping themselves "morally straight."

       Congress should repeal the 1976 law that permits activist
judges to grant lavish attorney's fees to the ACLU when it
succeeds
in banning the Boy Scouts, the Ten Commandments, or a cross that
has
existed on public property for decades.

       Both Houses of Congress should hold hearings about
remedies
for supremacist decisions. Congress should bring defiant judges
before the American people to answer questions about their worst
rulings.

       Any judge who allows an adulterer with a live-in girlfriend
to
terminate the life of his wife should be impeached. Victims of
such
judges should have the right to demand a different judge (as is
currently granted by Illinois courts).

       Now that judges embrace forcibly starving someone to
death,
Congress should use its appropriation power to starve the
judicial
budget. Let's cut out judges' perks such as travel to
international
conferences where they pick up bad ideas about conforming our laws
to
foreign opinions and United Nations treaties.

       On April 1, Justice Ruth Bader Ginsburg criticized
congressional resolutions to curb the out-of-control judges,
saying,
"it is disquieting that they have attracted sizable support." She
endorsed the practice of consulting foreign and international
law.

       But Chief Justice William Rehnquist included this statement
in
his annual report without any criticism or comment: "There were
several bills introduced in the last Congress that would limit
the
jurisdiction of the federal courts to decide constitutional
challenges to certain kinds of government action." Maybe
Rehnquist
was reminding Congress of its constitutional powers to constrain
the
judiciary.





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       Phyllis Schlafly's new book The Supremacists: The Tyranny
of
Judges and How to Stop It is now available!
       Order online at 50% off retail price:
       http://www.eagleforum.org/
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