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You are here: Home / Opinion / Editorials / Protect the government’s checks

Protect the government’s checks

April 21, 2004 by Optimist Editorial Board

Rep. Ron Lewis, R-Ky., introduced legislation to allow Congress by two-thirds vote to override U.S. Supreme Court decisions.

The Congressional Accountability for Judicial Activism Act, or H.R. 3920, was created “in an effort to redress recent cases of activist judicial rulings,” according to a House of Representatives press release.

This Act negates what the framers of the Constitution struggled for when writing the document. America’s founders established three branches of government to create a system of checks and balances so that no one branch would have too much power within the government.

In this system, it is the Supreme Court’s responsibility to interpret the Constitution and hand down decisions and set precedents. However, Lewis said the Court is “radically reshaping our nation’s traditions,” and to counteract this, Congress should have more influence.

“As the courts continue to expand their power of judicial review,” he said, “I believe Congress, as the people’s branch of representative government, should … affirm our authority to interpret Constitutional issues.”

If Congress acquired the ability to overturn Supreme Court decisions, the checks and balances system would be sacrificed.

To allow Congress to both make and interpret teh law is to allow a tyranny of the majority.

The House Judiciary Committee is reviewing the act, but it probably will not become a bill. Eleven representatives cosponsored the bill and since has added 11 more, including two from Texas.

As disturbing and ridiculous as this act is, it will be just as troubling if the act passes through the committee.

Lewis should remember the United States has a Constitution and system of checks and balances for a reason, and it is not to give one government branch more power whenever a government official feels like it. The Judiciary Committee should see his misjudgment and let the act die.

Filed Under: Editorials

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You are here: Home / Opinion / Editorials / Protect the government’s checks

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