Congress has lost its mind...

[richlevy]

I looked at the proposed act as well as the relevant part of the Constitution. I don't get it. The Constitution seems clear about what the court can get involved in and nowhere is there any part that could even be stretched to insinuate that Congress can veto the court.

Of course, since the law affects the court, maybe they hope the entire court will recuse itself and G.W.B. can cast the deciding vote.

This is mindless grandstanding for the rabid fundies who are pissed off about church-state separation and the "I'm not really a racist" bigots who never got over desegregation.



The act states:

SEC. 4. BASIS FOR ENACTMENT.

This Act is enacted pursuant to the power of Congress under article III, section 2, of the Constitution of the United States.

The passage of the Constitution cited is:

Section 2. 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.


In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.


The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.