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Congress Can't Reverse the Supreme Court

Should Congress be allowed to overrule Supreme Court decisions it doesn't like? Congressman Ron Lewis (R-KY) has introduced such a bill, "The Congressional Accountability for Judicial Activism Act." Today, the Las Vegas Review Journal calls it a "very bad idea."

Under this law, the Constitution would essentially be interpreted to reflect popular opinion -- a scary thought, given that many Americans confronted with an unlabeled copy of the Bill of Rights would likely consider many of the scribblings dangerous and subversive. Our system is designed to insulate federal judges from the transitory whims of the mob. Rep. Lewis' proposal would obliterate that important safeguard and leave our rights and freedoms at the mercy of public sentiment.

In fact, Congress already has many options when it comes to reining in activist judges. It has the power to impeach federal judges who egregiously overextend their authority. It has the power to pass legislation -- or, along with state legislatures, amend the Constitution -- to addresses the concerns of the judiciary. And finally, Congress can simply refuse to confirm judicial candidates deemed objectionable. Of course, Rep. Lewis' bill is itself inherently unconstitutional -- and would certainly be found so by any federal court.

[link via How Appealing].

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