Strengthening Constitutional Self-Government

No Left Turns

House Strips Federal Courts’ Jurisdiction

The House of Representatives has passed a measure that removes the question of gay marriage from the federal courts’ jurisdiction. If passed by the Senate, it would effectively mean that the Defense of Marriage Act would be immune from judicial review, and states would be free not to recognize or sanction any gay marriage performed in another state. Here’s the story on Fox.

Discussions - 4 Comments

Am I crazy to think that removing the constitutionally dictated checks of one branch of government from another is crazy? I am not saying this is illegal, just a bad precedent. Maybe in a few years if the dems have a majority they can strip judicial jurisdiction in abortion cases.

Could the Supreme Court declare this piece of legislation unconstitutional (assuming it passes the Senate too) thus returning jurisdiction to itself? Or, is this within the power the Constitution specifically grants to the Congress over the Judicial Branch?

I second Rob’s question as to whether this does fall under the constitutional powers of Congress. Of course, I would want it to. And, of course, a little impeachment every now and again wouldn’t hurt for judges not following good behavior - i.e., ignoring the Constitution - might help. This is what the Constitution says from this Ashbrook site, "In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." How do you interpret that Mr. Stewart?

The "lone lesbian" referred to in the article raised a great question - first, gays, and then who else would be prevented from marrying? The members of the man-boy love association? Bigamists? Relatives? Mothers and sons? We need to rise up and stop this vicious, hegemonic, tyrannical discrimination against those of us who have different values than the oppressive white male majority!!!

I am also outraged that this is a violation of the Constitution, the Bill of Rights, and especially the First Amendment. The next thing you’ll tell me is that an audience can boo Linda Ronstadt off a stage or boycott Dixie Chicks records!

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