Posted on 04/22/2015 2:21:12 PM PDT by GIdget2004
A Republican lawmaker is trying to keep federal courts from hearing same-sex marriage cases.
Less than a week before the Supreme Court plans to hear arguments in potentially one of the nation’s most influential cases on gay marriage, Rep. Steve King (R-Iowa) introduced the Restrain the Judges on Marriage Act of 2015 to preserve state bans.
“For too long, federal courts have overstepped their constitutionally limited duty to interpret the Constitution.” King said in a news release. “Rather, federal courts have perverted the Constitution to make law and create constitutional rights to things such as privacy, birth control, and abortion. These Unenumerated, so-called constitutionally-protected rights were not envisioned by our Founding Fathers.”
King’s bill strips way Article III of the Constitution, which gives federal courts the jurisdiction to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, any type of marriage. The bill also prohibits federal funds from being used for any litigation in, or enforcement of any order or judgment by, any federal court.
(Excerpt) Read more at thehill.com ...
Won’t work, because the arrogant courts will just declare such a law unconstitutional. The only real solution is an amendment at this point.
Good. Then we re-enact those laws in the states that banned it.
Congress does have the authority to set the jurisdiction of Federal courts.
Except the Supreme Court, and they appear about ready to throw the baby out with the bathwater anyhow.
Congress has always had the ability to restrict the jurisdiction of the courts - in areas where the constitution is silent on the issue (such as the definition of marriage).
Congress can limit the jurisdiction of the federal courts. I assume this can be vetoed by Obama, plus it won’t pass. I recall a discussion in the 70’s that court ordered busing might lead to such legislation and a Constitutional crisis. It didn’t.
Jurisdiction stripping is a last resort.
If the courts try to nullify it or ignore it, that will be the Constitutional crisis we want and need...to end their legislation from the bench.
Barry would have to sign it. Ha ha. I made a funny.
Article III, Section 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. 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.
“Won’t work, because the arrogant courts will just declare such a law unconstitutional.”
So what? The congress can just declare the court ruling unconstitutional. Nobody in DC - judges, bureaucrats, the president - obeys the laws. Why should congress?
We’re rapidly heading toward chaos where the law will be decided by individuals or groups through the barrel of a gun.
Same thing happened with the Miranda warning. Miranda was invented by the courts. Congress thought it would hinder law enforcement, so they passed legislation neutering the rule. In Dickerson v. US, the court overruled Congress, and now we have the Miranda warning. How many bad guys have the courts let go because the Supreme Court overruled the will of the elected representatives of the people?
The founders had SUCH a way with words, didn’t they? LOL
“The congress can just declare the court ruling unconstitutional.”
Nope, Congress doesn’t have that power.
“Nobody in DC - judges, bureaucrats, the president - obeys the laws.”
They sure obey judicial orders.
“Congress can limit the jurisdiction of the federal courts.”
I believe Congress can change the setup of federal courts, in terms of creating or eliminating districts, and stuff like that. The constitution sets out the jurisdiction of federal courts though, so Congress can’t alter that without an amendment.
“They sure obey judicial orders.”
Are you sleeping? President Buckwheat sure as heck is ignoring the Texas judge’s order on immigration.
Exactly and what is Congress doing about all this while more illegals keep coming here on the tax payers dime?
NOTHING.
“President Buckwheat sure as heck is ignoring the Texas judge’s order on immigration.”
Got any evidence for that? His administration is still trying to get the 5th Circuit to lift the injunction, they were hearing arguments 3 days ago:
http://rt.com/usa/250757-5th-circuit-immigration-action-injunction/
“Got any evidence for that?”
Go look it up.
“obama defies texas court”
About 770,000 results
“King’s bill strips way Article III of the Constitution.”
And John Robert’s Supreme Court is going to find that law to be unconstitutional.
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