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tvcnews: It’s Time To End Judicial Tyranny
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For Publication On
Or After
July 21, 2004
It’s
Time To End Judicial Tyranny
by Rev. Louis P.
Sheldon
Chairman, Traditional Values Coalition
 Washington,
DC – On Thursday, July 22, the House of Representatives is expected to vote
on the Marriage Protection Act (H.R. 3313), introduced by Indiana Republican
John Hostettler.
This legislation is long overdue and is absolutely necessary if the American
people are to take back control of their government from the hands of
un-elected, life-time appointed federal judges.
H.R. 3313 is designed to implement an unused portion of the U.S. Constitution
that gives Congress explicit and exclusive control over what kinds of cases
federal courts can hear. Article III, Section 2 of the Constitution says that
Congress can regulate the appellate jurisdiction of federal courts—including the
U.S. Supreme Court. H.R. 3313 will protect the right of the states to define
marriage without interference from the federal judiciary.
Rep. Hostettler stated that "Judges can’t force their will upon the people
because the Constitution doesn’t provide them with a single tool to make their
rulings become reality. Unconstitutional decisions only have effect if Congress
and the president allow them to."
Hostettler’s legislation would forbid the U.S. Supreme Court and inferior
federal courts from ruling on the constitutionality of the Defense of Marriage
Act (DOMA) signed into law in 1996 by President Clinton. DOMA states that no
state must recognize same-sex marriages from another state.
The Founding Fathers never meant for federal courts to turn into judicial
tyrannies. In fact, in 1788, Alexander Hamilton wrote that "The judiciary is
beyond comparison the weakest of the three departments of power." Liberals, of
course, claim that the courts have
judicial supremacy and can overturn laws as well as impose their social
agendas at will. This is a myth.
In 1819, Thomas Jefferson, who probably had a fairly good grasp of how our
government was to function, said: "If this opinion [of
judicial supremacy] be sound, then indeed is our Constitution a complete
felo de se [act of suicide]."
Yet, today, the federal courts have basically become judicial tyrants,
overturning laws passed by state legislatures and Congress and legislating a
radical liberal agenda. This is not the proper role of judges. Their role is to
interpret laws, not create them. Congress must put an end to this usurpation of
power by judges.
The 9th Circuit Court of Appeals in San Francisco is a prime example of judicial
tyranny in action. The justices on that court have aggressively pursued a
radical agenda without regard for the Constitution or the clear reading of the
law. The latest outrage, of course, was ruling that the Pledge of Allegiance was
unconstitutional because it contained the words "under God" in it. The case was
overturned this year on a technicality by the U.S. Supreme Court, but the 9th
Circuit and others are poised to rule that homosexual marriage is a
constitutional "right" guaranteed in the Constitution.
Lawyer Phyllis Schlafly, writing in her new book, The Supremacists: The
Tyranny Of Judges And How To Stop It, notes: "It is completely
constitutional for Congress to take away from all federal courts the power to
declare federal and state DOMAs unconstitutional—and it’s Congress’s
constitutional duty to protect the American people from judicial supremacists
who might commit such an outrage. Don’t let anyone tell you that Congress can’t
tell the federal courts what cases they can and cannot hear. Just read the
Constitution."
Congress should act quickly on passage of H.R. 3313. Our nation is a Republic,
not a judicial oligarchy. It’s time to send a clear message to liberal judges
that their tyrannical rulings are coming to an end.
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Traditional Values Coalition is an inter-denominational public
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For more information or to arrange an interview, please call
Amy Skeen at (202) 547-8570.
The Traditional Values Coalition (TVC)
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Washington, DC 20003.
Web site address:
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Hey Theresa Camoriano
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