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Regulate
the Courts!
A
short essay on the Congressional power to write Regulations
instructing the Federal Courts on how to interpret the U.S.
Constitution.
By Lester Townsend
Did you know that
congress has the power to tell the Federal Courts how to interpret
issues such as the full faith and credit provisions in the U.S.
Constitution.
The homosexual
activists, who are trying to set up a Federal Court challenge to the
Defense of Marriage Act, can be stopped by a simple majority vote of
both houses of Congress.
The Constitution
provides checks and balances on the various branches of government,
including the courts.
The best known of
these checks on the power of the courts, is the power of impeachment,
which allows the House of Representatives to act as a Grand Jury and
determine if there is sufficient reason to impeach an individual,
such as a President or a Judge, for committing a High Crime or
Misdemeanor. The Senate then tries the individual and determines if
he/she is guilty and should be removed from office or subjected to
some lessor penalty.
The other check on the
Judiciary is the power to strip the Federal Courts of appellate
jurisdiction. This power is provided by Article III., Section. 2.,
Clause 2 of the U.S. Constitution.
I have previously
written about these checks in my Kill the Spider article. There is
another power granted to the Congress in Article III, Section 2 of
the U.S. Constitution. The power of Congress to write Regulations,
which tell the Federal Courts how the Constitution is to be interpreted.
Article III.
Section. 2.
The judicial Power
shall extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or
which shall be made, under their Authority;--to all Cases affecting
Ambassadors, other public Ministers and Consuls;--to all Cases of
admiralty and maritime Jurisdiction; to Controversies to which the
United States shall be a Party; to Controversies between two or more
States; between a State and Citizens of another State; between
Citizens of different States; between Citizens of the same State
claiming Lands under Grants of different States, and between a State,
or the Citizens thereof, and foreign States, Citizens or Subjects.
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.
I
have quoted the entire section so as not to be accused of taking
anything out of context. The last sentence of this section
allows Congress to write Regulations which tell the Federal Courts
how the Constitution is to be applied.
To understand how this
power functions, it is necessary to understand what a Regulation is.
The Wikipedia provides
the following definition of Regulation as a legal term.
A
regulation is a form of secondary legislation which is used to
implement a primary piece of legislation appropriately, or to take
account of particular circumstances or factors emerging during the
gradual implementation of, or during the period of, a primary piece
of legislation.
The use of a
regulation to tell the Federal Courts how to interpret the full faith
and credit provisions in the Constitution is now necessary to protect
the sanctity of marriage.
The wording in this
section of the Constitution provides, that Regulations telling the
Courts how to interpret the Constitution, are made by Congress. This
means that Congress can write a Regulation prohibiting the “Full
Faith and Credit” provision in the Constitution, from being
used, to force any state to accept a contract, if the contract, or provisions of the contract, would violate the laws of the state.
This prohibition is
what the Defense of Marriage Act provides, regarding marriage. The
addition of a Regulation, in addition to the act, will allow the
impeachment of any Federal Judge who tries to overrule the Defense of
Marriage Act.
You may ask yourself
what is to stop the courts from simply striking down any such
Regulation passed by Congress. The answer is simple, if any Judge
were to try to strike down such a Regulation, that Judge would be
committing a High Crime. Any action by a Judge against such a
Regulation, would be an attempt to strike down a Regulation which is
specifically allowed by the constitution. Such an act would be the
highest of high crimes because it would be an assault on the
Constitution itself.
The power of
impeachment is the enforcement tool which is provided to insure
congress has the ability to actually apply, the constitutionally
provided limit on the power of the courts. Congress would literally
be forced to impeach any judge who tried to undo any limitation
imposed by congress under Article III. Section. 2. Clause 2.. The
impeachment would be required because the Judge would be assaulting
the very institution of the Congress, and the respective powers of
the House of Representatives and the Senate as Co-Equal branches of
government.
You may ask. Why do we
need to limit the power of the courts? The obvious answer is that the
Federal Courts can not be trusted to properly interpret the U.S
Constitution. There have been a number of Federal Court decisions in
recent years which violate the U.S Constitution.
Activist Federal
Judges are legislating from the bench, when they do not want to
accept the restrictions contained in the Constitution.
After decades of
inaction by members of the Republican and Democratic party, the
people of this country should realize that our current
representatives do not intend to do anything, to protect us, from
abuse by activist judges.
What we need to do is
replace our current batch of elected representatives in Washington.
We need to elect people who will honor their oath of office, to
support and defend the Constitution. We need to elect people who will
use the power in Article III. Section. 2. Clause 2., of the
Constitution to curb abuses by activist Judges.
We need to elect
members of the Constitution Party, or a state affiliate (such as the
U.S. Taxpayers Party of Michigan), to represent us in Congress.
One definition of
insanity is to do the same thing over and over again, while expecting
a different outcome. As long as people continue to elect members of
the Republican and Democratic Parties to Congress, the current mess
in Washington will continue.
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