Congressional Power Over the Courts ⋆ American Lens

Congressional Power Over the Courts

When the United States federal courts are out of control, who has the balance of power to keep them in check?  When judicial activism has run amok with emotional decision making, uses foreign law instead of our constitution, or ignores the rule of law, what is the remedy?

In the past, much was written about the need for checks and balances in our Republic by Madison, Hamilton, and Jay in the Federalist Papers along with modern analysis by constitutional scholars like Mark Levin.

The Federalists- Hamilton, Madison, Jay
The Federalists Hamilton, Madison, Jay

Currently, there is intriguing discussion over what to do about a runaway liberal judicial system that believes it is beyond reproach and too comfortable with its partisanship. But what can be done to rein in rogue courts and systems?

Daniel Horowitz, a writer, scholar and public policy expert has penned an excellent piece this week over at Conservative Review about Congress having the power to rein in the courts.

Daniel-Horowitz
Author, Scholar and Strategic Analyst on US courts Daniel Horowitz

His thought-provoking and interesting article reminds us that each branch of government has its limitations. He goes further to quote James Madison in Federalist 51, “in republican government, the legislative authority necessarily predominates.” That is to say, Congress has more power and authority than the judicial branch.

Similarly, Newt Gingrich in 2011 proposed that for no other remedy, Congress has the power of the purse and could defund parts of, or the entire federal judiciary as it so determines.  This could include defunding the circuits of the court of appeals.

The U.S. Constitution mandates the existence of the Supreme Court, however, all other federal (inferior) courts are entirely a manifestation of Congress’s prior legislation and appropriations.

We should not forget that in November of 2013, the Democrats in the Senate stacked the courts with liberal activists under the ‘Nuclear Option.’  That move triggered a chain reaction which has led to a national discussion on how to bring balance back to the courts and reign-in unconstitutional and overreaching actions. Without swift action to correct these gross overreaches, the political nuclear half-life of the Democrats actions will be generational and will have cancerous effects.

Please, take the time to read Horowitz’s latest article and think about the last 10 years of activist actions by the runaway judiciary and consider how this nation can bring back balance and accountability to the people. Horowitz’s idea has merit.

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Sean Moser

Co-Founder and CEO

Sean is a co-founder and occasional contributor to American Lens. His is a fierce defender of liberty and freedom. Sean is also a US Army Veteran, graduate of Mount Olive University and Georgetown University's Government Affairs Institute in Washington, D.C.

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