Close Topic Options

USA Changing Its System Of Government?

A BILL

To allow Congress to reverse the judgments of the United States Supreme Court.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Congressional Accountability for Judicial Activism Act of 2004'.

SEC. 2. CONGRESSIONAL REVERSAL OF SUPREME COURT JUDGMENTS.

The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court--

(1) if that judgment is handed down after the date of the enactment of this Act; and

(2) to the extent that judgment concerns the constitutionality of an Act of Congress.

SEC. 3. PROCEDURE.

The procedure for reversing a judgment under section 2 shall be, as near as may be and consistent with the authority of each House of Congress to adopt its own rules of proceeding, the same as that used for considering whether or not to override a veto of legislation by the President.

SEC. 4. BASIS FOR ENACTMENT.

This Act is enacted pursuant to the power of Congress under article III, section 2, of the Constitution of the United States.

Ref: https://thomas.loc.gov/cgi-bin/query/z?c108:H.R.3920:/

Government System Changing USA

Our founders intended for Congress to be a representation of the people of the United States, and a mechanism whereby the people could implement/override changes. This bill's intent, I hope, is to restore this right and should not be seen as changing how government works. Decisions that affect a country should not be made by a few people, but by representatives of the entire people, that is what our consitution is all about.

USA Changing Its System Of Government? History & Civil Business Politics

Hmmm. I missed this one.

This bill, as explained above, is completely redundant. Congress is already supposed to have this power, according to the Constitution. That is what the "checks and balances" concept is supposed to be all about. However, Congress has given up their portion of the checks and balances to the Supreme Court, as has the President.

So, if this bill were passed, all it would be doing is attempting to antagonize the Supreme Court. What, under the current operating doctrine, keeps the Supreme Court from nullifying this law?

Government System Changing USA

To represent the people of the states *and* the states, to be correct.

Yes, Nighthawk is right - the Constitution already provides for a check on the Judiciary by the Legislature.

I have not researched this bill so will not comment further.

Dubhdara.

Government System Changing USA

I think this bill was redundant as well, but it started an interesting topic. We have a unique system in which each branch can hold the other accountable and in check. If the courts uphold a decision that the people disagree with, the legislature can then overturn that. The opposite is true that if the legislature creates a law, the courts can rule it unconstitutional if the people oppose it and take it to court. Our system has always been that way, created that way, to insure that there is equal representation among the people and states of the country. These checks and balances prevent anyone branch of the government from gaining to much power if these checks are utilized properly.

USA Changing Its System Of Government?

Dem Planning Bill That Would Outlaw Threats to Lawmakers
By Peter Schroeder

Rep. Robert Brady (D-Pa.) reportedly plans to introduce legislation that would make it a federal crime to use language or symbols that could be perceived as threatening or inciting violence against a federal official or member of Congress. Ref. Source 5