novapsyche: Sailor Moon rising into bright beams (Default)
[personal profile] novapsyche
This is absolutely wrong. Every branch of government, including Congress, needs a check to keep it in balance. If Congress can enact laws prohibiting oversight from the judicial branch, then the Congress will soon find it can legislate everything and bad laws--unconstitutional laws--can remain beyond the reach of anyone.

(no subject)

Date: 2004-07-15 10:16 am (UTC)
From: [identity profile] sophiaserpentia.livejournal.com
According to the constitution, the Congress has the power to restrict the appellate jurisdiction of Federal courts, even the Supreme Court -- which means that Federal courts may not be able to hear appeals of prior rulings in restricted matters.

However, I don't think Congress can make those restrictions apply to reviewing laws for their constitutionality.

These tactics have come about because many judges and Supreme Court Justices appointed by previous Republicans, are traditional conservatives of the sort who have opinions which are now out of favor among neo-"conservative" Republicans.

The pseudo-conservative Republicans should consider, though, that tactics of this sort are certainly not going to put the justices in the mood to be any less "activist" then they already are.

(no subject)

Date: 2004-07-16 05:16 am (UTC)
From: [identity profile] novapsyche.livejournal.com
Well, it still seems like an abuse of power. The courts should be able to review laws for their constitutionality.

Part of what the neoconservatives are doing, I think, is trying to taint the word "activist" like they have with the word "liberal".

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