Separation of Powers

The House voted to prevent federal couts from reviewing the constitutionality of the Pledge.

Earlier they voted to restrict court review on the definition of marriage.

They claim to be acting against activist judges, but how do they describe their own attacks on the separation of powers?

And how would they feel about a Democrat-controlled congress that voted to restrict court review of gun control legislation? Or voted to restrict court review of Roe v Wade?

Why does the mere thought of this sound like treason to me? Like suggesting we should have a king, or citizens should be required to pay a fee before they vote?

If Congress passes an unjust law, but declares it unreviewable — what options are left?

0 thoughts on “Separation of Powers

  1. Greg Trotter

    Well, a few points.

    Yeah, Congress does have the power to define the scope of the courts. And while this bill (which has no chance of passing the Senate) would restrict the court’s power to review the Pledge, there’s nothing preventing SCOTUS from declaring this law unconstitutional.

    And I am not sure that you can restrict court review of a court decision. As much as I am pro-choice, it disgusts me that abortion was made legal through the courts and not through legislation. Roe was quite possibly the most serious separation of powers violation in our nation’s history.

    But, in the end, it’s just election year posturing.


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