Americans are up in arms over the Supreme Courts
blatant activism. We are often told that
we have a system of checks and balances.
Many are asking, who is checking the Supreme Court? How can five justices arbitrarily upend our
laws and traditions without consequence?
This cannot be the original intent of our founding. Well, it isn’t!
Congress has the authority to strip the Supreme
Court of its jurisdiction on almost any matter they please. Article Three, Section Two in the U.S.
Constitution states:
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.
Christopher Carson, a
lawyer, wrote the following in American Thinker:
In other words, instead
of grimly accepting that the Supreme Court has spoken on the issue of marriage
and the issue is settled, Congress could, by a simple majority vote, re-enact,
say, the Defense of Marriage Act, declared unconstitutional two years ago, and
simultaneously strip all federal courts from any ability to challenge it.
Congress could, alternatively, enact legislation allowing the states to
separately define what marriage is – and then strip the federal judiciary and
the Supreme Court of any power to overturn the states’ definitions of
marriage. It is not necessary to pass a new Constitutional amendment for
Republicans in Congress to get their presumed desired result on nearly any
cultural issue, including homosexual marriage and abortion.
Mr. Carson adds that
the president can still veto any bill Congress submits; but that is a moot
point. Republicans have proven
themselves to be the Theon Greyjoys of Capitol Hill. They would rather cower in their cage and
answer to “Reek” than stand up to the Beltway bullies.
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