Radical/Conservative/Liberals in the House of Representatives
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In a peculiar move best explained by election year posturing, the House of Representatives yesterday overwhelmingly approved a bill that would bar federal courts from reviewing controversies arising from the wording of the Pledge of Allegiance.” (H.R. 2389) To this old, crusty defender of the Constitution, this comes across as a fairly radical assault on the constitutional structure of the Republic, so destructive that it only could be the work of anarchists or (gasp!) liberals.  Should Congress be defining by statute which constitutional issues are immune from judicial review? If so, do you have a little list of the constitutional controversies you think the federal courts should be barred from considering? How do you feel about a liberal Congress banning federal courts from reviewing gun control legislation?
Should I be concerned about this kind of nonsense, or do we all know it’s just Showtime? A House vote only gets legislation part-way to law. Do any of you think this should pass the Senate? Surely none of the Old Dominion’s conservative constitutionalists in the Congress participated in this silliness today. (Oops – just checked the Roll Call – not a pretty sight)  Â
Can’t we just ignore the name-calling behavior? It’s not as if there is anything of value that comes along with it.
I tend to agree with Anke. I can’t think of any controversy that one could justify making off limits to judicial review. The fact that an issue is controversial means that public opinion about it is in some sort of transition, by definition, and the attempt to wall it off from judicial review strikes me very much as spitting in the face of the people, not to mention an act of desperation. The judiciary is the last recourse for anyone to make a case that they have been harmed by the other branches. That principle is what should be off limits, IMO.
I would really like to hear the other side rationally explained.
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