Diary

Steps I Will Take to Invoke the Constitution to Rein in Activist Judges

Steps I Will Take to Invoke the Constitution to Rein in Activist Judges
The question has been asked about how to rein in activist judges and prohibit them from legislating from the bench. I have brought this up in summary in my presentations to delegates. Several years ago I began studying this problem. In The Supremacists: The Tyranny of Judges and How to Stop It, Phyllis Schlafly, who has endorsed this campaign addressed some remedies which I also endorse.

But first consider this: sixty-eight percent of the Senate are attorneys. That might be a starting place: reduce the number of attorneys we are electing. Understanding the Constitution should not be difficult, were it not for the complications some attorneys have contributed. The language of the Constitution is plain and clear and does not take a scholar to understand it. It takes an ability to read the English language and common sense. However, the 1,000+ page bills require a staff of attorneys to not only read but interpret.

Here are some imperative steps that I will take in the U.S. Senate:

1. I will sponsor a bill to require that Senators be allowed to vote up or down on judicial nominees. The confirmation process should include questioning to determine whether the nominee believes the Constitution is whatever the Supreme Court says it is and whether it is an evolving document. If so, then the line of questioning should include political and philosophical beliefs.

2. I will sponsor a bill to require that the Senate employ the authority given in the Constitution.
The Constitution gives Congress the authority to regulate the Courts, but it rarely invokes that authority. For example, in Article I Section 8, the “enumerated powers” section , Congress is given the power to “constitute tribunals inferior to the Supreme Court.”

In Article III, Section 1 Congress has the authority to establish inferior courts “from time to time.” All federal courts, except the Supreme Court, are created by Congress, and they can define what their jurisdiction is and what cases they will hear.

In Article III, Section 2 Congress has the authority to regulate the appellate courts , especially to define what the exceptions are to cases that may or may not be heard by the Supreme Court. This is critically important, because this means that Congress can actually prohibit the courts from hearing cases. In fact, for 100 years, Congress prohibited the right of appeal in criminal cases. An example of how this might be applied is for Congress to take away the power of a single federal judge to overturn the voice of the people in an election. In 1994, a single judge was allowed to overturn California’s Proposition 187, which 5 million voters passed and which would have prohibited giving taxpayer benefits to illegal aliens. Today California is bankrupt.

This Congressional authority has been upheld in case law, although common sense ought to be applied first rather than relying solely on case law for interpreting the plain language in the Constitution. Judges and attorneys tend to find words that don’t exist in that document all too often.

3. I will sponsor a bill to clarify the Establishment Clause. Nothing in the Constitution says that the federal courts or the Supreme Court has the right to tell the three branches of the federal government or the states how they acknowledge God.

4. The Constitution is the supreme and sovereign law of the land. I will introduce a bill that will prohibit the federal courts from citing or being influenced by foreign laws or rules in making its decisions.

5. I will sponsor a bill that will clarify our right to self-governance and that will prohibit one Supreme judge in a split decision from dictating to the entire nation the outcome of a bill that has passed both houses. The balance of power must be restored on major Supreme Court decisions. Judges should not be legislating from the bench against the will of the people.

6. I will call for the investigation of judges that deserve impeachment and will invoke the power of congress to impeach.

7. I will sponsor a bill that will restore the integrity of our court system by implementing “loser pay,” for example in medical malpractice tort reform.

8. I will sponsor a bill that prohibits paying rewards at taxpayer expense to public interest law firms such as the ACLU when they win a case. The current system encourages abuse.

9. I will use Congress’ authority to investigate major court decisions and judicial corruption in general. I will call for FBI and CIA involvement in federal investigations of racketeering taking place the court system.

These three proposals would discourage complex legal language from being included in proposed legislation:

10. I will sponsor a bill that requires every bill be prefaced with a one page explanatory summary, 10-point font or larger.

11. I will sponsor a bill to remove earmarks not germane to a bill and to separate them out.

12. I will sponsor a bill to require 30 minutes’ reading/research time per page of a proposed bill and that all bills must be read by the Senator before they can vote on the bill.

Fiscal Restraint
Limited Government
Free Market Solutions
Energy Independence
Strong National Defense
… not only abroad and along our borders, but within our communities and our families.
Principled. Passionate. Persuasive. Prepared.

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http://www.eagar4senate.com/

Authorized and Paid for By Friends of Cherilyn Eagar for U.S. Senate