Saturday, April 09, 2005


Washington Post: Conservative conference attacks "supremacist" judges

Washington Post

The Judeo-Christian Council for Constitutional Restoration hosted a conference in Washington today at which the conservative Eagle Forum president, Phyllis Schlafly, called for passage of a quartet of bills in Congress that would remove courts' power to review religious displays, the Pledge of Allegiance, same-sex marriage and the Boy Scouts. Her speech brought a subtle change in the argument against the courts from emphasizing "activist" judges -- it was, after all, inaction by federal judges that doomed Schiavo -- to "supremacist" judges. "The Constitution is not what the Supreme Court says it is," Schlafly asserted.

DH: I cannot overstate how radical this is. A 1803 decision by the Supreme Court, Marbury v. Madison, established the precedent that the Supreme Court declares the constitution's meaning and can declare an act of Congress unconstitutional. Schlafly's statement would reverse that precedent, uproot 200 years of constitutional precedent, gut the courts' powers and upset the 3-part balance of powers our Founding Fathers so carefully gave us.

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