[Publius]

What other means are there to prevent courts from legalizing same-sex marriages?

Use Article III of the Constitution to restrict the purview of the federal courts.

[CA Conservative]

Use Article III of the Constitution to restrict the purview of the federal courts.

I don't see any bills being pushed by these Congressmen to do as you suggest. Not a bad idea, but irrelevant if no one in Congress will help pass it as a law...

[fqued]

"Use Article III of the Constitution to restrict the purview of the federal courts."


Interestingly enough, this may not work. Congress can limit the appellate jurisdiction of the Supreme Court. It is not at all clear to me as a lawyer, that congress could limit the purview of the district and appellate courts. One might argue that that should follow from the Constitution, but that is not precisely what it says.

[PISANO]

Art III is fairly straight forward CONGRESS can make EXCEPTIONS and this could easily be one of them. Why then do they NOT?

[B.O. Plenty]

Exactly....I think the pay for fed judges should just be frozen...no raises for them....ever until they do what they are supposed to do....namely interpert the law, not make the law.

Art 3 section 1 says that the compensation for judges cannot be diminished...It doesnt say that they are entitled to raises. It would probably trigger a lawsuit in federal court to define a decrease in compensation, but given some clever and innovative lawyers on our side...the argument could take years.

Maybe Mark Levin would be interested in arguing for fixing fed judge pay....