6.18.2005
Congress Assaults the Courts, Again (NYTimes.com)
EDITORIAL
Published: June 18, 2005
The House of Representatives took a little- noticed but dangerous swipe at the power of the courts this week. It passed an amendment to a budget bill that would bar money from being spent to enforce a federal court ruling regarding the Ten Commandments. The vote threatens the judiciary's long-acknowledged position as the final arbiter of the Constitution. It is important that this amendment be removed before the bill becomes law.
During consideration of an appropriations bill for the Departments of State, Justice and Commerce, Representative John Hostettler, Republican of Indiana, introduced an amendment to prohibit any funds from being used to enforce Russelburg v. Gibson County. In that case, a federal court ruled that a courthouse Ten Commandments display violated the First Amendment and had to be removed. Mr. Hostettler declared that the ruling was unconstitutional, and inconsistent with "the Christian heritage of the United States."
Since the Supreme Court decided Marbury v. Madison in 1803, it has been clearly established that the courts have the ultimate power to interpret the Constitution. But right-wing ideologues, unhappy with some of the courts' rulings, have begun to question this principle as part of a broader war on the federal judiciary. The amendment that passed this week reflected an effort to use Congress's power to stop the courts from standing up for the First Amendment and other constitutional principles.
(More ... Congress Assaults the Courts, Again - New York Times) ¶ 19:55
Published: June 18, 2005
The House of Representatives took a little- noticed but dangerous swipe at the power of the courts this week. It passed an amendment to a budget bill that would bar money from being spent to enforce a federal court ruling regarding the Ten Commandments. The vote threatens the judiciary's long-acknowledged position as the final arbiter of the Constitution. It is important that this amendment be removed before the bill becomes law.
During consideration of an appropriations bill for the Departments of State, Justice and Commerce, Representative John Hostettler, Republican of Indiana, introduced an amendment to prohibit any funds from being used to enforce Russelburg v. Gibson County. In that case, a federal court ruled that a courthouse Ten Commandments display violated the First Amendment and had to be removed. Mr. Hostettler declared that the ruling was unconstitutional, and inconsistent with "the Christian heritage of the United States."
Since the Supreme Court decided Marbury v. Madison in 1803, it has been clearly established that the courts have the ultimate power to interpret the Constitution. But right-wing ideologues, unhappy with some of the courts' rulings, have begun to question this principle as part of a broader war on the federal judiciary. The amendment that passed this week reflected an effort to use Congress's power to stop the courts from standing up for the First Amendment and other constitutional principles.
(More ... Congress Assaults the Courts, Again - New York Times) ¶ 19:55
