Thursday, September 23, 2004

US Supreme Court Usurped by Congress

In the spirit of all things constitutional, Congress has excluded the US Supreme Court from ruling on a controversial, though unimportant, issue -- words in the Pledge of Allegiance. The more disturbing piece of this is the manuevering that Congress has done in order to keep the Supreme Court from ruling on laws enacted by Congress and signed by the president.

Two ironies about this issue are provided in this quote from the article linked below:

Rep. Todd Akin (news, bio, voting record), R-Mo., the author of the amendment on legislation before the House Thursday, said the high court is likely to rule differently if it considers the substance of the case and "if we allow activist judges to start creating law and say that it is wrong to somehow allow schoolchildren to say 'under God' in the pledge."

First of all, if the high court is likely to rule differently than Congress on this matter, it is important to note that the Supreme Court is the final governmental body that in fact rules on laws. How strange? What Akin seems to be saying is that if the Court thinks differently than us, let's prohibit the Court from adjudicating the case.

Second, when did the Supreme Court become a bunch of "activist judges?" I have heard a federal court in California described as such, but never the Supreme Court. After all, 7 of the 9 judges were appointed by Republican presidents, one by Nixon, one by Ford, none by Carter, three by Reagan, two by Bush 41, and two by Clinton.

So, what activist judges is he talking about? What a doorknob.

Read it all here.