| The duty of the courts is to uphold the Constitution, not to uphold unconstitutional laws passed by Congress. |
| If a law passed by Congress violates a principle defined in the Constitution (including the Bill Of Rights and the other amendments), then it is the duty of the courts to STRIKE DOWN the law passed by Congress. This principle was reinforced by the landmark 1903 decision in the Marbury vs. Madison case. The illustrious Senator John Cornyn (R-Texas) said that the Supreme Court should be "an enforcer of political decisions made by elected representatives of the people." (New York Times - 4/6/05) How could a lawyer who served as Attorney General (Texas) harbor such a gross misunderstand of one of the primary principles of the U.S. Constitution? Did he take a High School government class? Did he sleep through it? How about the Texans that elected him? Is this why Republicans want to eviscerate the education system through tax cuts and unfunded mandates? Later, Republican Congressman Tom Delay (R-Texas) declaired that "the time will come" when judges who strike down laws passed by the Congress will be held accountable. Does he understand that the founding fathers proscribed lifetime appointments for judges precisely so that Congress could not punish sitting judges for doing their jobs? The founding fathers designed the system so that judges judge laws that the Congress makes, not the other way around. Did DeLay sleep through the same High School government class as Cornyn? [T]he most conservative justices, Clarence Thomas and Antonin Scalia, voted to invalidate laws passed by Congress - a good measure of judicial activism - far more often than the justices considered most liberal. Source: "Justice Sunday Reloaded" - NY Times - 8/16/05 |
|
Read what others have said about this statement here.
Use the section at the bottom of the screen to submit your own comment. | ||
| Comments | Contributor | Date Submitted |
| We can only hope that the people of the U.S. are waking up to the fact that there needs to be a vast number of people voted out of office in 2006. Someone needs to let certain Republicans know that they are not God. | Linda Denton |
4/13/2005 |
Submit your comment below | ||